Professional Documents
Culture Documents
Association Agreement
between the European Union and the European Atomic
Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part
Version: 26/11/2013
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PREAMBLE
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the
European Union, hereinafter referred to as the Member States,
THE EUROPEAN UNION, hereinafter referred to as the Union or the EU and
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CONSIDERING the common values and strong links of the Parties, established in the
past through the Partnership and Cooperation Agreement and being developed within the
framework of the European Neighbourhood Policy and the Eastern Partnership, and
recognizing the common desire of the Parties further to develop, strengthen and extend
their relations;
ACKNOWLEDGING the European aspirations and the European choice of the Republic
of Moldova;
RECOGNISING that the common values on which the European Union is built
namely democracy, respect for human rights and fundamental freedoms, and the rule of
law lie also at the heart of political association and economic integration as envisaged
in this Agreement;
TAKING into account that this Agreement will not prejudice and leaves open the way
for future progressive developments in EU-Republic of Moldova relations;
RECOGNISING the importance of the joint EU-Moldova ENP Action Plan of February
2005 in strengthening EU-Republic of Moldova relations and in helping to move the
reform and approximation process in the Republic of Moldova forward, thus
contributing to gradual economic integration and deepening of political association;
RECALLING in particular their will to promote human rights, democracy and the rule
of law, including by cooperating to that end within the framework of the Council of
Europe;
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COMMITTED to all the principles and provisions of the UN Charter, the Organisation
for Security and Cooperation in Europe (OSCE), in particular of the Helsinki Final Act
of 1975 of the Conference on Security and Cooperation in Europe, the concluding
documents of the Madrid and Vienna Conferences of 1991 and 1992 respectively, and
the Charter of Paris for a New Europe of 1990, as well as the United Nations Universal
Declaration of Human Rights of 1948 and the European Convention for the Protection of
Human Rights and Fundamental Freedoms of 1950;
RECALLING their will to promote international peace and security as well as engaging
in effective multilateralism and the peaceful settlement of disputes, in particular by
cooperating to that end within the framework of the United Nations (UN) and the
Organisation for Security and Cooperation in Europe (OSCE);
RECOGNISING the gradual steps being taken towards a visa-free regime for the
citizens of the Republic of Moldova in due course, provided that the conditions for wellmanaged and secure mobility are in place;
CONFIRMING that the provisions of this Agreement that fall within the scope of Part
III, Title V of the Treaty on the Functioning of the European Union (TFEU) bind the
United Kingdom and Ireland as separate Contracting Parties, and not as part of the
European Union, unless the European Union together with the United Kingdom and/or
Ireland have jointly notified the Republic of Moldova that the United Kingdom or
Ireland is bound as part of the European Union in accordance with Protocol No. 21 on
the position of the United Kingdom and Ireland in respect of the area of Freedom,
Security and Justice annexed to the Treaty on the Functioning of the European Union. If
the United Kingdom and/or Ireland ceases to be bound as part of the European Union in
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accordance with Article 4a of Protocol No. 21 the European Union together with the
United Kingdom and/or Ireland shall immediately inform the Republic of Moldova of
any change in their position, in which case they shall remain bound by the provisions of
the Agreement in their own right. The same applies to Denmark, in accordance with the
Protocol No. 22 on the position of Denmark annexed to the Treaties;
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COMMITTED to the principles of free market economy and confirming the readiness of
the European Union to contribute to the economic reforms in the Republic of Moldova;
WILLING to create a Deep and Comprehensive Free Trade Area, which will provide for
far-reaching regulatory approximation and market access liberalisation, in compliance
with the rights and obligations arising out of the World Trade Organisation (WTO)
membership of the Parties; and to the transparent application of those rights and
obligations;
BELIEVING that this Agreement will create a new climate for economic relations
between the Parties and above all for the development of trade and investment, and will
stimulate competition, which are factors crucial to economic restructuring and
modernisation;
ACKNOWLEDGING the need for enhanced energy cooperation, and the commitment
of the Parties to implement the Energy Community Treaty;
WILLING to improve the level of public health safety and protection of human health as
a precondition for sustainable development and economic growth;
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TAKING account of the willingness of the European Union to provide support for the
implementation of reforms, and to use all available instruments of cooperation and
technical, financial and economic assistance in this endeavour;
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1.
An Association is hereby established between the Union and its Member States, of the
one part, and the Republic of Moldova of the other part.
2.
(b)
to strengthen the framework for enhanced political dialogue on all areas of mutual
interest, providing for the development of close political relations between the
Parties;
(c)
(d)
to promote, preserve and strengthen peace and stability in the regional and
international dimensions, including through joining efforts to eliminate sources of
tension, enhancing border security, promoting cross-border cooperation and good
neighbourly relations;
(e)
to support and enhance cooperation in the area of justice, freedom and security
with the aim of reinforcing the rule of law and respect for human rights and
fundamental freedoms as well as in the area of mobility and people-to-people
contacts;
(f)
to support the efforts of the Republic of Moldova to develop its economic potential
via international cooperation, also through the approximation of its legislation to
that of the European Union;
(g)
to establish conditions for enhanced economic and trade relations leading towards
the Republic of Moldova's gradual integration in the EU Internal Market as
stipulated in this Agreement, including by setting up a Deep and Comprehensive
Free Trade Area, which will provide for far-reaching regulatory approximation
and market access liberalisation, in compliance with the rights and obligations
arising out of the WTO membership; and to the transparent application of those
rights and obligations; and
(h)
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TITLE I
GENERAL PRINCIPLES
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TITLE I
GENERAL PRINCIPLES
Article 2
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1.
Respect for the democratic principles, human rights and fundamental freedoms, as
proclaimed in the Universal Declaration of Human Rights and as defined in the
European Convention on Human Rights, the Helsinki Final Act of 1975 of the
Conference on Security and Cooperation in Europe and the Charter of Paris for a New
Europe of 1990 shall form the basis of the domestic and external policies of the Parties
and constitutes an essential element of this Agreement. Countering the proliferation of
weapons of mass destruction, related materials and their means of delivery also
constitutes an essential element of this Agreement.
2.
The Parties reiterate their commitment to the principles of a free market economy,
sustainable development and effective multilateralism.
3.
The Parties reaffirm to respect the principles of the rule of law and good governance, as
well as their international obligations, notably under the UN, the Council of Europe and
the Organisation for Security and Cooperation in Europe.
4.
The Parties commit themselves to foster cooperation and good neighbourly relations,
including cooperation on the development of projects of common interest, notably those
related to preventing and combating corruption, criminal activities, organised or
otherwise, including those of transnational character, and terrorism. This commitment
constitutes a key factor in the development of the relations and cooperation between the
Parties and contributes to regional peace and stability.
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TITLE II
POLITICAL DIALOGUE AND REFORM, COOPERATION IN
THE FIELD OF FOREIGN AND SECURITY POLICY
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TITLE II
POLITICAL DIALOGUE AND REFORM, COOPERATION IN
THE FIELD OF FOREIGN AND SECURITY POLICY
Article 3
Aims of political dialogue
1.
Political dialogue on all areas of mutual interest, including foreign and security matters
as well as domestic reform, shall be further developed and strengthened between the
Parties. This will increase the effectiveness of political cooperation and promote
convergence on foreign and security matters.
2.
The Parties shall cooperate on developing, consolidating and increasing the stability and
effectiveness of democratic institutions and the rule of law; on ensuring respect for human rights
and fundamental freedoms; on making further progress on judicial and legal reform, so as to
secure the independence of the judiciary, strengthen its administrative capacity and guarantee
impartiality and effectiveness of law enforcement bodies; on further pursuing the public
administration reform and on building an accountable, efficient, transparent and professional civil
service; and on ensuring effectiveness in the fight against corruption, particularly in view of
enhancing international cooperation on combating corruption, and ensuring effective
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The Parties shall intensify their dialogue and cooperation and promote gradual
convergence in the area of foreign and security policy, including the Common Security
and Defence Policy (CSDP), and shall address in particular issues of conflict prevention
and crisis management, regional stability, disarmament, non-proliferation, arms control
and export control. Cooperation shall be based on common values and mutual interests,
and shall aim at increasing policy convergence and effectiveness, making use of
bilateral, international and regional fora.
2.
The Parties reaffirm their commitment to the principles of respect for sovereignty and
territorial integrity, inviolability of borders and independence, as established in the UN
Charter and the Helsinki Final Act of 1975 of the Conference on Security and
Cooperation in Europe, and their commitment to promote these principles in their
bilateral and multilateral relations.
Article 6
International Criminal Court
1.
The Parties reaffirm that the most serious crimes of concern to the international
community as a whole must not go unpunished and that their effective prosecution must
be ensured by taking measures at the national and international level, including the
International Criminal Court (ICC).
2.
The Parties consider that the establishment and effective functioning of the ICC
constitutes an important development for international peace and justice. The Parties
agree to support the ICC by implementing the Rome Statute of the International
Criminal Court and its related instruments, giving due regard to preserving its integrity.
Article 7
Conflict prevention and crisis management
The Parties shall enhance practical cooperation in conflict prevention and crisis management, in
particular with a view to the possible participation of the Republic of Moldova in EU-led civilian
and military crisis management operations as well as relevant exercises and training, on a caseby-case basis and following possible invitation by the EU.
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Article 8
Regional stability
1.
The Parties shall intensify their joint efforts to promote stability, security and democratic
development in the region, and in particular shall work together for the peaceful
settlement of regional conflicts.
2.
3.
1.
The Parties consider that the proliferation of weapons of mass destruction (WMD) and
their means of delivery, both to state and non-state actors, represents one of the most
serious threats to international peace and stability. The Parties therefore agree to
cooperate and to contribute to countering the proliferation of WMD and their means of
delivery through full compliance with, and national implementation of, their existing
obligations under international disarmament and non-proliferation treaties and
agreements, and other relevant international obligations. The Parties agree that this
provision constitutes an essential element of this Agreement.
2.
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The Parties agree to establish a regular political dialogue that will accompany and
consolidate these elements.
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Article 10
Small arms and light weapons and conventional arms exports control
1.
The Parties recognise that the illicit manufacture, transfer and circulation of small arms
and light weapons (SALW), including their ammunition, and their excessive
accumulation, poor management, inadequately secured stockpiles and uncontrolled
spread continue to pose a serious threat to peace and international security.
2.
The Parties agree to observe and fully implement their respective obligations to deal
with the illicit trade in SALW, including their ammunition, under existing international
agreements and UN Security Council resolutions, as well as their commitments within
the framework of other international instruments applicable in this area, such as the UN
Programme of Action to prevent, combat and eradicate the illicit trade in SALW in all
its aspects.
3.
4.
Furthermore, the Parties agree to continue to cooperate in the area of conventional arms
export control, in the light of the EU Common Position on control of exports of military
technology and equipment.
5.
The Parties agree to establish a regular political dialogue that will accompany and
consolidate these undertakings.
Article 11
International cooperation in the fight against terrorism
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The Parties agree to work together at bilateral, regional and international level to prevent
and combat terrorism in accordance with international law, relevant UN decisions,
international human rights standards, and refugee and humanitarian law.
2.
3.
In the framework of the full implementation of Resolution no. 1373 of the UN Security
Council and other relevant UN instruments, and applicable international conventions and
instruments exchange information on terrorist organisations, groups, their activities and
their support networks in accordance with international law and the legislation of the
Parties.
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TITLE III
JUSTICE, FREEDOM AND SECURITY
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TITLE III
JUSTICE, FREEDOM AND SECURITY
Article 12
Rule of law
1.
In their cooperation in the area of freedom, security and justice the Parties shall attach
particular importance to the promotion of the rule of law, including the independence of
the judiciary, access to justice, and the right to a fair trial.
2.
The Parties will cooperate fully on the effective functioning of institutions in the areas of
law enforcement and the administration of justice.
3.
The respect for human rights and fundamental freedoms will guide all cooperation on
freedom, security and justice.
Article 13
Protection of personal data
1.
The Parties agree to cooperate in order to ensure a high level of protection of personal
data in accordance with the European Union, Council of Europe (CoE) and international
legal instruments and standards.
2.
Any processing of personal data shall be subject to the legal provisions referred to in
Annex I to this Agreement. The transfer of personal data between the Parties shall only
take place if such transfer is necessary for the implementation, by the competent
authorities of the Parties, of this or other agreements concluded between the Parties.
Article 14
Cooperation on migration, asylum and border management
1.
The Parties reaffirm the importance of a joint management of migration flows between
their territories and shall strengthen the existing comprehensive dialogue on all
migration-related issues, including legal migration, international protection, illegal
migration, smuggling and trafficking in human beings.
2.
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(c) the admission rules and rights and status of persons admitted, fair treatment and
integration of lawfully residing non-nationals, education and training and measures
against racism and xenophobia;
(d) the establishment of an effective and preventive policy against illegal immigration,
smuggling of migrants and trafficking in human beings including the issue of how to
combat networks of smugglers and traffickers and how to protect the victims of such
trafficking;
(e) the promotion and facilitation of the return of illegal migrants; and
(f) in the area of border management and document security, on issues of organisation,
training, best practices and other operational measures as well as strengthening
cooperation between the European Agency for the Management of Operational
Cooperation at the External Borders of the Member States of the European Union
(FRONTEX) and the Border Guard Service of the Republic of Moldova.
3.
Cooperation may also facilitate circular migration for the benefit of development.
Article 15
Movement of persons
1.
2.
The Parties shall also endeavour to enhance mobility of citizens and shall take gradual
steps towards the shared objective of a visa-free regime in due course, provided that the
conditions for well-managed and secure mobility, set out in the Action Plan on Visa
Liberalisation, are in place.
Article 16
Preventing and combating organised crime, corruption and other illegal activities
1.
The Parties shall cooperate on preventing and combating all forms of criminal and
illegal activities, organised or otherwise, including those of transnational character, such
as:
(a) smuggling and trafficking in human beings;
(b) smuggling and trafficking in goods, including in small arms and illicit drugs;
(c) illegal economic and financial activities such as counterfeiting, fiscal fraud and
public procurement fraud;
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(d) fraud, as referred to in Title VI (Financial Assistance, and Anti-Fraud and Control
Provisions) of this Agreement, in projects funded by international donors;
(e) active and passive corruption, both in the private and public sector, including as
regards the abuse of functions and influence;
(f) forging documents and submitting false statements; and
(g) cyber crime.
2.
The Parties shall enhance bilateral, regional and international cooperation among law
enforcement bodies including strengthening cooperation between Europol and the
relevant authorities of the Republic of Moldova. The Parties are committed to
implementing effectively the relevant international standards, and in particular those
enshrined in the UN Convention against Transnational Organised Crime (UNTOC) of
2000 and its three Protocols, the UN Convention against Corruption of 2003 and
Council of Europe relevant instruments on preventing and combating corruption.
Article 17
Tackling illicit drugs
1.
Within their respective powers and competencies, the Parties shall cooperate to ensure a
balanced and integrated approach towards drug issues. Drug policies and actions shall be
aimed at reinforcing structures for tackling illicit drugs, reducing the supply of,
trafficking in and the demand for illicit drugs, coping with the health and social
consequences of drug abuse as well as at a more effective prevention of diversion of
chemical precursors used for the illicit manufacture of narcotic drugs and psychotropic
substances.
The Parties shall agree on the necessary methods of cooperation to attain these
objectives. Actions shall be based on commonly agreed principles along the lines of the
relevant international conventions, the EU Drug Strategy (2013-20), the Political
Declaration and the Special Declaration on the guiding principles of drug demand
reduction, approved by the Twentieth United Nations General Assembly Session on
Drugs in June 1998.
Article 18
Money laundering and terrorism financing
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1.
The Parties shall cooperate in order to prevent the use of their financial and relevant
non-financial systems to launder the proceeds of criminal activities, as well as for the
purpose of terrorism financing. This cooperation extends to the recovery of assets or
funds derived from the proceeds of crime.
2.
Cooperation in this area shall allow exchanges of relevant information within the
framework of respective legislations and the adoption of appropriate standards to combat
money laundering and financing of terrorism equivalent to those adopted by relevant
international bodies active in this area, such as the Financial Action Task Force on
Money Laundering (FATF).
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Article 19
Combating terrorism
The Parties agree to cooperate in the prevention and suppression of acts of terrorism in full
respect for the rule of law, international human rights, refugee and humanitarian law and in
accordance with the UN Global Counter-Terrorism Strategy of 2006 as well as their respective
laws and regulations. They shall do so, in particular in the framework of the full implementation
of Resolution no. 1267, 1373, 1540 and 1904 of the UN Security Council and other relevant UN
instruments, and applicable international conventions and instruments:
(a) by exchanging information on terrorist groups and their support networks in accordance with
international and national law;
(b) by exchanging views on terrorism trends and on means and methods of combating terrorism
including in technical areas and training, and by exchanging experiences in respect of
terrorism prevention; and
(c) by sharing best practices in the area of protection of human rights in the fight against
terrorism.
Article 20
Legal cooperation
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1.
The Parties agree to develop judicial cooperation in civil and commercial matters as
regards the negotiation, ratification and implementation of multilateral conventions on
civil judicial cooperation and, in particular, the Conventions of the Hague Conference on
Private International Law in the field of international legal cooperation and litigation as
well as the protection of children.
2.
As regards judicial cooperation in criminal matters, the Parties will seek to enhance
cooperation on mutual legal assistance. This would include, where appropriate,
accession to, and implementation of, the relevant international instruments of the UN
and the CoE and closer cooperation with Eurojust.
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TITLE IV
ECONOMIC AND OTHER SECTOR COOPERATION
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TITLE IV
ECONOMIC AND OTHER SECTOR COOPERATION
CHAPTER 1
PUBLIC ADMINISTRATION REFORM
Article 21
Cooperation shall focus on the development of efficient and accountable public administration in
the Republic of Moldova, with the aim of supporting implementation of the rule of law, ensuring
that state institutions work for the benefit of the entire population of the Republic of Moldova,
and promoting the smooth development of relations between the Republic of Moldova and its
partners. Particular attention will be given to the modernisation and development of executive
functions, with the goal of providing quality services to the citizens of the Republic of Moldova.
Article 22
Cooperation shall cover the following areas:
(a) the institutional and functional development of public authorities, in order to increase the
efficiency of their activity and ensuring an efficient, participatory and transparent decisionmaking and strategic planning process;
(b) modernization of public services including the introduction and implementation of
E-Governance, with a view to increasing the efficiency of service delivery to citizens and
reducing the costs of doing business;
(c) creation of a professional civil service based on the principle of managerial accountability and
effective delegation of authority, as well as fair and transparent recruitment, training,
assessment and remuneration;
(d) effective and professional human resource management and career development;
(e) the promotion of ethical values in the civil service.
Article 23
Cooperation shall cover all levels of public administration, including local administration.
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CHAPTER 2
ECONOMIC DIALOGUE
Article 24
1.
The EU and the Republic of Moldova shall facilitate the process of economic reform by
improving the understanding of the fundamentals of their respective economies.
Cooperation between the Parties shall aim to promote economic policies pertinent to
functioning market economies as well as the formulation and implementation of these
economic policies.
2.
The Republic of Moldova shall strive to establish a functioning market economy and to
gradually approximate its policies to the policies of the EU, in accordance with the
guiding principles of sound macroeconomic and fiscal policies, including central bank
independence and price stability, sound public finances and a sustainable balance of
payments.
Article 25
1.
2.
Cooperation will also include exchange of information concerning the principles and
functioning of the European Economic and Monetary Union (EMU).
Article 26
A regular dialogue will take place on the issues covered by this Chapter.
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CHAPTER 3
COMPANY LAW, ACCOUNTING AND AUDITING AND CORPORATE
GOVERNANCE
Article 27
1.
Recognising the importance of an effective set of rules and practices in the areas of
company law and corporate governance, as well as in accounting and auditing, for
creating a fully-functioning market economy and for fostering trade, the Parties agree to
cooperate:
(a) on the protection of shareholders, creditors and other stakeholders in line with EU
rules in this area;
(b) on the introduction of relevant international standards at national level and gradual
approximation with EU rules in the field of accounting and auditing; and
(c) on further development of corporate governance policy in line with international
standards, as well as gradual approximation with the EU rules and recommendations in
this area.
2.
The relevant EU rules and recommendations are listed in Annex II to this Agreement.
Article 28
The Parties will aim at sharing information and expertise on both existing systems and relevant
new developments in these areas. In addition, the Parties will seek to improve information
exchange between the national register of companies of the Republic of Moldova and business
registers of EU Member States.
Article 29
A regular dialogue will take place on the issues covered by this Chapter.
Article 30
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex II to this Agreement according to the provisions of
that Annex.
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CHAPTER 4
EMPLOYMENT, SOCIAL POLICY AND EQUAL OPPORTUNITIES
Article 31
The Parties shall strengthen their dialogue and cooperation on promoting the decent work agenda,
employment policy, health and safety at work, social dialogue, social protection, social inclusion,
gender equality and anti-discrimination, and social rights, and thereby contribute to the
promotion of more and better jobs, poverty reduction, enhanced social cohesion, sustainable
development and improved quality of life.
Article 32
Cooperation, based on exchange of information and best practices, may cover a selected number
of issues to be identified among the following areas:
(a) poverty reduction and the enhancement of social cohesion;
(b) employment policy, aiming at more and better jobs with decent working conditions, including
with a view to reduce the informal economy and informal employment;
(c) promoting active labour market measures and efficient employment services to modernise the
labour markets and to adapt to labour market needs;
(d) fostering more inclusive labour markets and social safety systems that integrate
disadvantaged people, including people with disabilities and people from minority groups;
(e) efficient management of labour migration, aiming at strengthening its positive impact on
development;
(f) equal opportunities, aiming at enhancing gender equality and ensuring equal opportunities
between women and men, as well as combating discrimination on all grounds;
(g) social policy, aiming at enhancing the level of social protection including social assistance
and social insurance and modernising social protection systems, in terms of quality,
accessibility and financial sustainability;
(h) enhancing the participation of social partners and promoting social dialogue, including
through strengthening the capacity of all relevant stakeholders; and
(i) promoting health and safety at work.
Article 33
The Parties shall encourage the involvement of all relevant stakeholders, including civil society
organisations and in particular social partners, in policy development and reforms of the Republic
of Moldova and in the cooperation between the Parties under this Agreement.
Article 34
The Parties shall aim at enhancing cooperation on employment and social policy matters in all
relevant regional, multilateral and international fora and organisations.
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Article 35
The Parties shall promote corporate social responsibility and accountability and encourage
responsible business practices, such as those promoted by the UN Global Compact and the
International Labour Organisation (ILO) tripartite declaration of principles concerning
multinational enterprises and social policy.
Article 36
A regular dialogue will take place on the issues covered by this Chapter.
Article 37
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex III to this Agreement according to the provisions
of that Annex.
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CHAPTER 5
CONSUMER PROTECTION
Article 38
The Parties shall cooperate in order to ensure a high level of consumer protection and to achieve
compatibility between their systems of consumer protection.
Article 39
In order to achieve these objectives the cooperation may comprise, when appropriate:
(a) aiming at the approximation of consumer legislation, based on the priorities in the annex to
this article, while avoiding barriers to trade for ensuring real consumers choices;
(b) promoting exchange of information on consumer protection systems, including: consumer
legislation and its enforcement, consumer product safety, including market surveillance,
consumer information systems and tools, consumer education, empowerment and consumer
redress, sales and service contracts concluded between traders and consumers;
(c) promoting training activities for administration officials and other consumer interest
representatives; and
(d) encouraging the development of independent consumer associations including nongovernmental consumer organizations (NGOs), and contacts between consumer
representatives, as well as collaboration between authorities and NGOs in the field of
consumer protection.
Article 40
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex IV to this Agreement according to the provisions
of that Annex.
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CHAPTER 6
STATISTICS
Article 41
The Parties shall develop and strengthen their cooperation on statistical issues, thereby
contributing to the long-term objective of providing timely, internationally comparable and
reliable statistical data. It is expected that a sustainable, efficient and professionally independent
national statistical system shall produce information relevant for citizens, businesses and
decision-makers in the Republic of Moldova and in the EU, enabling them to take informed
decisions on this basis. The national statistical systems should respect the UN Fundamental
Principles of Official Statistics, taking into account the EU acquis in statistics, including the
European Statistics Code of Practice, in order to align the national statistical system with the
European norms and standards.
Article 42
Cooperation shall aim at:
(a) further strengthening the capacity of the national statistical system, focusing on the sound
legal basis, production of adequate data and metadata, dissemination policy and userfriendliness, taking into account various groups of users: public and private sectors, academic
community and other users;
(b) progressive alignment of the statistical system of the Republic of Moldova with the European
Statistical System;
(c) fine-tuning of data provision to the EU, taking into account the application of relevant
international and European methodologies, including classifications;
(d) enhancing the professional and management capacity of the national statistical staff to
facilitate the application of EU statistical standards and to contribute to the development of
the statistical system of the Republic of Moldova;
(e) exchanging experience between the Parties on the development of statistical know-how; and
(f) promoting total quality management of all statistical production processes and dissemination.
Article 43
The Parties shall cooperate within the framework of the European Statistical System in which
Eurostat is the European statistical authority. The cooperation shall include a focus on the areas
of:
(a) demographic statistics, including censuses, and social statistics;
(b) agricultural statistics, including agricultural censuses and environment statistics;
(c) business statistics, including business registers and use of administrative sources for statistical
purposes;
(d) macroeconomic statistics, including national accounts, foreign trade statistics, foreign direct
investment statistics;
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CHAPTER 7
MANAGEMENT OF PUBLIC FINANCES: BUDGET POLICY, INTERNAL CONTROL,
FINANCIAL INSPECTION AND EXTERNAL AUDIT
Article 47
Cooperation in the field of Management of Public Finances: Budget Policy, Internal Control,
Financial Inspection and External Audit will focus on the implementation of international
standards as well as EU good practice in this field, which will contribute to the development of a
modern public finance management system in the Republic of Moldova compatible with basic
EU and international principles of transparency, accountability, economy, efficiency and
effectiveness.
Article 48
Budget and accounting systems
The Parties shall cooperate in relation to:
(a) improvement and systematisation of regulatory documents on the budgetary, treasury,
accounting and reporting systems and their harmonisation on the basis of international
standards respecting also good practice in the EU public sector;
(b) continuous development of multi-annual budget planning and the alignment to good EU
practices;
(c) studying the practices of the European countries in inter-budget relations, in order to improve
this field in the Republic of Moldova;
(d) foster approximation of procurement procedures with existing practices in the EU; and
(e) exchange of information, experiences and good practice, including through personnel
exchange and joint training in this field.
Article 49
Internal control, financial inspection and external audit
The Parties shall also cooperate in relation to:
(a) the further improvement of the internal control system (including a functionally independent
internal audit function) in state and local authorities by means of harmonisation with
generally accepted international standards and methodologies and EU good practice;
(b) the development of an adequate financial inspection system that will complement but not
duplicate the internal audit function and will ensure adequate control coverage of government
income and expenditure during the transition period and thereafter;
(c) effective cooperation between the actors involved in Financial Management and control, audit
and inspection with the actors for budget, treasury and accounting to foster the development
of governance;
(d) strengthening the competences of the Central Harmonisation Unit for the Public Internal
Financial Control (PIFC);
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(e) the implementation of internationally accepted external audit standards by the International
Organisation of Supreme Audit Institutions (INTOSAI); and
(f) exchange of information, experiences and good practice through inter alia personnel
exchange and joint training in this field.
Article 50
Fight against fraud and against corruption
The Parties shall also cooperate in relation to:
(a) exchanging information, experience and good practice;
(b) improving methods to combat and prevent fraud and corruption in the areas covered by this
Chapter, including cooperation between relevant administrative bodies; and
(c) ensuring effective cooperation with the relevant EU institutions and bodies, in the case of
on-the-spot checks, inspection and audits related to the management and control of EU funds,
according to relevant rules and procedures.
Article 51
A regular dialogue will take place on the issues covered by this Chapter.
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CHAPTER 8
TAXATION
Article 52
The Parties shall cooperate to enhance good governance in the tax area, with a view to the further
improvement of economic relations, trade, investment and fair competition.
Article 53
With reference to Article 52 of this Agreement, the Parties recognise and commit themselves to
implement the principles of good governance in the tax area, i.e. the principles of transparency,
exchange of information and fair tax competition, as subscribed to by Member States at EU level.
To that effect, without prejudice to EU and Member States competences, the Parties will improve
international cooperation in the tax area, facilitate the collection of legitimate tax revenues, and
develop measures for the effective implementation of the above mentioned principles.
Article 54
The Parties shall also enhance and strengthen their cooperation aimed at the improvement and
development of the Republic of Moldova's tax system and administration, including the
enhancement of collection and control capacity, with a specific focus on Value Added Tax
(VAT) refund procedures, to avoid accumulation of arrears, ensure effective tax collection and
reinforce the fight against tax fraud and tax avoidance. The Parties shall strive to enhance
cooperation and sharing of experiences in combating tax fraud, and in particular carousel fraud.
Article 55
The Parties shall develop their cooperation and harmonise policies in counteracting and fighting
fraud and the smuggling of excisable products. This cooperation will include, inter alia, the
gradual approximation of excise rates on tobacco products, as far as possible, taking into account
the constraints of the regional context, including through a dialogue at regional level and in line
with the World Health Organisation Framework Convention on Tobacco Control of 2003 (WHO
FCTC). To this end, the Parties will look to strengthen their cooperation within the regional
context.
Article 56
A regular dialogue will take place on the issues covered by this Chapter.
Article 57
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex VI to this Agreement according to the provisions
of that Annex.
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CHAPTER 9
FINANCIAL SERVICES
Article 58
Recognising the relevance of an effective set of rules and practices in the areas of financial
services to establish a fully-functioning market economy and in order to foster trade exchanges
among the Parties, the Parties agree to cooperate in the area of financial services in line with the
following objectives:
(a) supporting the process of adapting financial services regulation to the needs of an open
market economy;
(b) ensuring effective and adequate protection of investors and other consumers of financial
services;
(c) ensuring the stability and integrity of the financial system of the Republic of Moldova in its
entirety;
(d) promoting cooperation between different actors of the financial system, including regulators
and supervisors; and
(e) ensuring independent and effective supervision.
Article 59
1.
The Parties shall encourage cooperation between relevant Regulatory and Supervisory
Authorities, including information exchange, sharing of expertise on financial markets
and other such measures.
2.
A regular dialogue will take place on the issues covered by this Chapter.
Article 61
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex XXVIII-A to this Agreement, according to the
provisions of that Annex.
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CHAPTER 10
INDUSTRIAL AND ENTERPRISE POLICY
Article 62
The Parties shall develop and strengthen their cooperation on industrial and enterprise policy,
thereby improving the business environment for all economic operators, but with particular
emphasis on small and medium sized enterprises (SMEs). Enhanced cooperation should improve
the administrative and regulatory framework for both Republic of Moldova and EU businesses
operating in the Republic of Moldova and the EU, and should be based on the EUs SME and
industrial policies, taking into account internationally recognised principles and practices in this
field.
Article 63
To these ends, the Parties shall cooperate in order to:
(a) implement strategies for SME development, based on the principles of the Small Business
Act, and monitoring of the implementation process through regular reporting and dialogue.
This cooperation will also include a focus on micro enterprises, which are extremely
important for both the economies of the EU and of the Republic of Moldova;
(b) create better framework conditions,
thereby contributing to improving
management of structural changes
Partnerships and environmental and
production;
(c) simplify and rationalise regulations and regulatory practice, with specific focus on exchange
of good practice on regulatory techniques, including the EUs principles;
(d) encourage the development of innovation policy, via the exchange of information and good
practice regarding the commercialisation of research and development (including support
instruments for technology-based business start-ups), cluster development and access to
finance;
(e) encourage greater contacts between EU businesses and businesses of the Republic of
Moldova and between these businesses and the authorities of the Republic of Moldova and
the EU;
(f) support the establishment of export promotion activities in the Republic of Moldova;
(g) facilitate the modernisation and restructuring of the industry of the Republic of Moldova in
certain sectors.
Article 64
A regular dialogue will take place on the issues covered by this Chapter. This will involve also
representatives of EU businesses and businesses of the Republic of Moldova.
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CHAPTER 11
MINING AND RAW MATERIALS
Article 65
The Parties shall develop and strengthen cooperation covering mining industries and trade in raw
materials, with the objectives of promoting mutual understanding, improvement of the business
environment, information exchange and cooperation on non-energy issues, relating in particular
to the mining of metallic ores and industrial minerals.
Article 66
To this end, the Parties shall cooperate in the following areas:
(a) exchange of information by the Parties on developments in their mining and raw materials
sectors;
(b) exchange of information on matters related to trade in raw materials, with the aim of
promoting bilateral exchanges;
(c) exchange of information and best practices in relation to sustainable development aspects of
the mining industries;
(d) exchange of information and best practices in relation to training, skills and safety in the
mining industries.
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CHAPTER 12
AGRICULTURE AND RURAL DEVELOPMENT
Article 67
The Parties shall cooperate to promote agricultural and rural development, in particular through
progressive convergence of policies and legislation.
Article 68
Cooperation between the Parties in the field of agriculture and rural development shall cover,
inter alia, the following areas:
(a) facilitating the mutual understanding of agricultural and rural development policies;
(b) enhancing the administrative capacities at central and local level in the planning, evaluation
and implementation of policies in accordance with EU regulations and best practices;
(c) promoting the modernisation and the sustainability of the agricultural production;
(d) sharing knowledge and best practices of rural development policies to promote economic
well-being for rural communities;
(e) improving the competitiveness of the agricultural sector and the efficiency and transparency
of the markets;
(f) promoting quality policies and their control mechanisms, in particular geographical
indications and organic farming;
(g) disseminating knowledge and promoting extension services to agricultural producers; and
(h) enhancing the harmonisation of issues dealt within the framework of international
organisations of which the Parties are members.
Article 69
A regular dialogue will take place on the issues covered by this Chapter.
Article 70
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex VII to this Agreement according to the provisions
of that Annex.
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CHAPTER 13
FISHERIES & MARITIME POLICY
Section 1
Fisheries policy
Article 71
The Parties shall develop and strengthen their cooperation on issues covering fisheries and
maritime governance, thereby developing closer bilateral and multilateral cooperation in the
fisheries sector. The Parties shall also encourage an integrated approach to fisheries issues and to
promote sustainable fisheries development.
Article 72
The Parties shall take joint actions, exchange information and provide support to each other in
order to promote:
(a) good governance and best practices in fisheries management with a view to ensuring
conservation and management of fish stocks in a sustainable manner, and based on the
ecosystem approach;
(b) responsible fishing and fisheries management consistent with the principles of sustainable
development, so as to conserve fish stocks and ecosystems in a healthy state;
(c) cooperation through appropriate regional organisations responsible for management and
conservation of living aquatic resources.
Article 73
The Parties will support initiatives, such as mutual exchange of experience and providing
support, in order to ensure the implementation of a sustainable fisheries policy, including:
(a) management of fisheries and aquaculture resources;
(b) inspection and control of fishing activities, as well as development of corresponding
administrative and judicial structures capable of applying appropriate measures;
(c) collection of catch, landing, biological and economic data;
(d) improving the efficiency of the markets, in particular by promoting producer organisations,
providing information to consumers, and through marketing standards and traceability;
(e) development of a structural policy for the fisheries sector, with particular attention to the
sustainable development of fisheries areas which are defined as an area with lake shore or
including ponds or a river estuary and with a significant level of employment in the fisheries
sector.
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Section 2
Maritime policy
Article 74
Taking into account their cooperation in the spheres of fisheries, transport, environment and other
sea-related policies, the Parties shall also develop cooperation and mutual support, when
appropriate, on maritime issues, in particular by actively supporting an integrated approach to
maritime affairs and good governance in the Black Sea in the relevant international maritime
flora.
Article 75
A regular dialogue will take place on the issues covered by this Chapter.
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CHAPTER 14
ENERGY COOPERATION
Article 76
The Parties agree to continue their current cooperation on energy matters on the basis of the
principles of partnership, mutual interest, transparency and predictability. The cooperation should
aim at energy efficiency, market integration and regulatory convergence in the energy sector,
taking into account the need to ensure competitiveness and access to secure, environmentally
sustainable and affordable energy, including through the provisions of the Energy Community
Treaty.
Article 77
The cooperation shall cover, among others, the following areas and objectives:
(a) energy strategies and policies;
(b) the development of competitive, transparent and non-discriminatory energy markets in
accordance with EU standards, including obligations under the Energy Community Treaty,
through regulatory reforms and through the participation in regional energy cooperation;
(c) development of an attractive and stable investment climate by addressing institutional, legal,
fiscal and other conditions;
(d) energy infrastructure including projects of common interest, in order to diversify energy
sources, suppliers and transportation routes in an efficient economic and environmentally
sound manner, inter alia through the facilitation of loan and grant funded investments;
(e) enhancement and strengthening of long-term stability and security of energy supply and trade,
transit and transport on a mutually beneficial and non-discriminatory basis in accordance with
EU and international rules;
(f) promotion of energy efficiency and energy saving, inter alia concerning energy performance
of buildings, and the development and support of renewable energies in an economic and
environmentally sound manner;
(g) reduction of emissions of greenhouse gases including through energy efficiency and
renewable energy projects; and
(h) scientific and technical cooperation and exchange of information for the development and
improvement of technologies in energy production, transportation, supply and end use with
particular attention to energy efficient and environmentally friendly technologies.
(i) cooperation may be pursued in the areas of nuclear safety, security and radiation protection,
in accordance with the principles and standards of the International Atomic Energy Agency
(IAEA) and the relevant international treaties and conventions concluded within the
framework of the IAEA, as well as in compliance with the Euratom Treaty when applicable.
Article 78
A regular dialogue will take place on the issues covered by this Chapter.
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Article 79
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex VIII to this Agreement according to the provisions
of that Annex.
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CHAPTER 15
TRANSPORT
Article 80
The Parties shall:
(a) expand and strengthen their transport cooperation in order to contribute to the development of
sustainable transport systems;
(b) promote efficient, safe and secure transport operations as well as intermodality and
interoperability of transport systems;
(c) endeavour to enhance the main transport links between their territories.
Article 81
This cooperation shall cover, among others, the following areas:
(a) development of a sustainable national transport policy covering all modes of transport,
particularly with a view to ensuring efficient, safe and secure transport systems and
promoting the integration of considerations in the sphere of transport into other policy areas;
(b) development of sector strategies in light of the national transport policy (including legal
requirements for the upgrading of technical equipment and transport fleets to meet highest
international standards) for road, rail, inland waterway, aviation, and inter modality, including
timetables and milestones for implementation, administrative responsibilities as well as
financing plans;
(c) improvement of the infrastructure policy in order to better identify and evaluate infrastructure
projects in the various modes of transport;
(d) development of funding strategies focusing on maintenance, capacity constraints and missing
link infrastructure as well as activating and promoting the participation of the private sector in
transport projects;
(e) accession to relevant international transport organisations and agreements including
procedures for ensuring strict implementation and effective enforcement of international
transport agreements and conventions;
(f) scientific and technical cooperation and exchange of information for the development and
improvement of technologies in transport, such as intelligent transport systems; and
(g) promotion of the use of intelligent transport systems and information technology in managing
and operating all modes of transport as well as supporting intermodality and cooperation in
the use of space systems and commercial applications facilitating transport.
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Article 82
1.
Cooperation shall also aim at improving the movement of passengers and goods,
increasing fluidity of transport flows between the Republic of Moldova, the EU and
third countries in the region, by removing administrative, technical and other obstacles,
improving transport networks and upgrading the infrastructure in particular on the main
axes connecting the Parties. This cooperation shall include actions to facilitate bordercrossings.
2.
(a)
(b)
A regular dialogue will take place on the issues covered by this Chapter.
Article 84
The Parties will cooperate on improving transport connections according to the provisions
referred to in Annex IX to this Agreement.
Article 85
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex X, and in Annex XXVIII-D to this Agreement,
according to the provisions of those Annexes.
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CHAPTER 16
ENVIRONMENT
Article 86
The Parties shall develop and strengthen their cooperation on environmental issues, thereby
contributing to the long-term objective of sustainable development and greening the economy. It
is expected that enhanced environment protection will bring benefits to citizens and businesses in
the Republic of Moldova and in the European Union, including through improved public health,
preserved natural resources, increased economic and environmental efficiency, integration of the
environment into other policy areas, as well as use of modern, cleaner technologies contributing
to more sustainable production patterns. Cooperation shall be conducted considering the interests
of the Parties on the basis of equality and mutual benefit, as well as taking into account the
interdependence existing between the Parties in the field of environment protection, and
multilateral agreements in the field.
Article 87
Cooperation shall aim at preserving, protecting, improving, and rehabilitating the quality of the
environment, protecting human health, sustainable utilisation of natural resources and promoting
measures at international level to deal with regional or global environmental problems, including
in the areas of:
(a) environmental governance and horizontal issues, including Environmental Impact
Assessment and Strategic Environmental Assessment, education and training, environmental
liability, combating environmental crime, transboundary cooperation, access to environmental
information, decision-making processes and effective administrative and judicial review
procedures;
(b) air quality;
(c) water quality and resource management, including flood risk management, water scarcity and
droughts;
(d) waste and resource management and shipment of waste;
(e) nature protection, including conservation and protection of biological and landscape diversity;
(f) industrial pollution and industrial hazards;
(g) chemicals;
(h) noise pollution;
(i) soil protection;
(j) urban and rural environment;
(k) environmental fees and taxes;
(l) monitoring and environmental information systems;
(m) inspection and enforcement;
(n) eco-innovation including best available technologies.
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Article 88
The Parties shall, inter alia, exchange information and expertise; implement joint research
activities and exchange of information on cleaner technologies; plan the handling of industrial
hazards and accidents; implement joint activities at regional and international level, including
with regard to multilateral environment agreements ratified by the Parties, and joint activities in
the framework of relevant agencies, as appropriate. The Parties shall pay special attention to
transboundary issues and regional cooperation.
Article 89
The cooperation shall cover, among others, the following objectives:
(a) development of an overall strategy on environment, covering planned institutional reforms
(with timetables) for ensuring implementation and enforcement of environmental legislation;
division of competence for the environmental administration at national, regional and
municipal levels; procedures for decision-making and the implementation of decisions;
procedures for the promotion of the integration of the environment into other policy areas;
promotion of green economy measures and eco-innovation, identification of the necessary
human and financial resources and a review mechanism; and
(b) development of sector strategies on air quality; water quality and resource management;
waste and resource management; biodiversity and nature protection; industrial pollution and
industrial hazards and chemicals, noise pollution, soil protection, urban and rural
environment, eco-innovation including clearly defined timetables and milestones for
implementation, administrative responsibilities, as well as financing strategies for
investments for infrastructure and technology.
Article 90
A regular dialogue will take place on the issues covered by this Chapter.
Article 91
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex XI to this Agreement according to the provisions
of that Annex.
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CHAPTER 17
CLIMATE ACTION
Article 92
The Parties shall develop and strengthen their cooperation to combat climate change. Cooperation
shall be conducted considering the interests of the Parties on the basis of equality and mutual
benefit and taking into account the interdependence existing between bilateral and multilateral
commitments in this field.
Article 93
Cooperation shall promote measures at domestic, regional and international level including, in
the areas of:
(a) mitigation of climate change;
(b) adaptation to climate change;
(c) carbon trading;
(d) research, development, demonstration, deployment and diffusion of safe and sustainable lowcarbon and adaptation technologies;
(e) mainstreaming of climate considerations into sector policies; and
(f) awareness raising, education and training.
Article 94
The Parties shall, inter alia, exchange information and expertise; implement joint research
activities and exchanges of information on cleaner technologies; implement joint activities at
regional and international level, including with regard to multilateral environment agreements
ratified by the Parties, and joint activities in the framework of relevant agencies, as appropriate.
The Parties shall pay special attention to transboundary issues and regional cooperation.
Article 95
The cooperation shall cover, among others, the development and implementation of:
(a) an overall climate strategy and action plan for the long-term mitigation of and adaptation to
climate change;
(b) vulnerability and adaptation assessments;
(c) a National strategy for adaptation to Climate Change;
(d) a low-carbon development strategy;
(e) long-term measures to reduce emissions of greenhouse gases;
(f) measures to prepare for carbon trading;
(g) measures to promote technology transfer on the basis of a technology needs assessment;
(h) measures to mainstream climate considerations into sector policies; and
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CHAPTER 18
INFORMATION SOCIETY
Article 98
The Parties shall strengthen cooperation on the development of the Information Society to benefit
citizens and businesses through the widespread availability of Information and Communication
Technology (ICT) and through better quality of services at affordable prices. This cooperation
should aim at facilitating access to electronic communications markets, and encourage
competition and investment in the sector as well as promote the development of public services
online.
Article 99
Cooperation may cover the following subjects:
(a) exchange of information and best practice on the implementation of national Information
Society strategies, including, inter alia, initiatives aiming at promoting broadband access,
improving network security and developing public services online;
(b) exchange of information, best practices and experience to promote the development of a
comprehensive regulatory framework for electronic communications, and in particular to
strengthen the administrative capacity of the national administration in communications and
information technologies, as well as of the independent regulator, to foster a better use of
spectrum resources and to promote interoperability of networks in the Republic of Moldova
and with the EU;
(c) encouraging and promoting the implementation of ICT tools for a better governance, elearning and research, public healthcare, digitization of cultural heritage, development of
eContent and electronic commerce;
(d) enhancing the level of security of personal data and the protection of privacy in electronic
communications.
Article 100
The Parties shall promote cooperation between the national regulator in the field of electronic
communications of the Republic of Moldova and EU regulators. The Parties shall also consider
cooperation in other relevant areas, including through regional initiatives.
Article 101
A regular dialogue will take place on the issues covered by this Chapter.
Article 102
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex XXVIII-B to this Agreement, according to the
provisions of that Annex.
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CHAPTER 19
TOURISM
Article 103
The Parties shall cooperate in the field of tourism, with the aim of strengthening the development
of a competitive and sustainable tourism industry as a generator of economic growth,
empowerment, employment and foreign exchange.
Article 104
Cooperation at bilateral, regional and European level would be based on the following principles:
(a) respect for the integrity and interests of local communities, particularly in rural areas;
(b) the importance of cultural heritage; and
(c) positive interaction between tourism and environmental preservation.
Article 105
The cooperation shall focus on the following topics:
(a) exchange of information, best practices, experience and know-how transfer, including on
innovative technologies;
(b) establishment of a strategic partnership between public, private and community interests in
order to ensure the sustainable development of tourism;
(c) promotion and development of tourism products and markets, infrastructure, human resources
and institutional structures as well as identifying and eliminating the barriers to travel
services;
(d) development and implementation of efficient policies and strategies including appropriate
legal, administrative and financial aspects;
(e) tourism training and capacity building in order to improve service standards; and
(f) development and promotion of community-based tourism.
Article 106
A regular dialogue will take place on the issues covered by this Chapter.
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CHAPTER 20
REGIONAL DEVELOPMENT, CROSS-BORDER AND REGIONAL LEVEL
COOPERATION
Article 107
1.
The Parties shall promote mutual understanding, and bilateral cooperation in the field of
regional policy, including methods of formulation and implementation of regional
policies, multi-level governance and partnership, with special emphasis on the
development of disadvantaged areas and territorial cooperation, with the objective of
establishing channels of communication and enhancing exchange of information and
experience between national, regional and local authorities, socio-economic actors and
civil society.
2.
In particular the Parties shall cooperate with a view to aligning practice of the Republic
of Moldova with the following principles:
(a) decentralization of the decision-making process, from the central level to the
level of regional communities;
(b) consolidation of the partnership between all the parties involved in regional
development;
(c) co-financing through financial contribution of the Parties involved in the
implementation of regional development programmes and projects.
Article 108
1.
The Parties shall support and strengthen the involvement of local and regional level
authorities in cross-border and regional cooperation and the related management
structures, enhance cooperation through the establishment of an enabling legislative
framework, sustain and develop capacity building measures and promote the
strengthening of cross-border and regional economic and business networks.
2.
The Parties will cooperate to consolidate the institutional and operational capacities of
national and regional institutions in the fields of regional development and land use
planning by, inter alia:
(a) improving the mechanism of vertical and horizontal interaction of central and
local public administration in the process of development and implementation of
regional policies;
(b) developing the capacity of local public authorities to promote cross-border
cooperation in compliance with EU regulations and practice;
(c) sharing knowledge, information and best practices on regional development
policies to promote economic well-being for local communities and uniform
development of the regions.
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Article 109
1.
The Parties shall strengthen and encourage development of cross-border and regional
elements of, inter alia, transport, energy, communication networks, culture, education,
tourism, health and other areas covered by this Agreement which have a bearing on
cross-border and regional cooperation.
2.
The Parties shall intensify cooperation between their regions in the form of transnational
and cross-border programmes, encouraging the participation of regions of the Republic
of Moldova in European regional structures and organizations and promoting their
economic and institutional development by implementing projects of common interest.
These activities will take place in the context of:
(a) continuing territorial cooperation with European regions (including through
trans-national and cross-border cooperation programmes);
(b) cooperation within the framework of the Eastern Partnership, with EU bodies
including the Committee of the Regions and participation in various European
regional projects and initiatives;
(c) cooperation with, inter alia, the European Economic and Social Committee, the
European Association of Development Agencies and the European Spatial
Planning Observation Network.
Article 110
1.
The Parties shall intensify and ensure better coordination and cooperation between the
countries and regions within the EU Strategy for the Danube Region, focusing, inter
alias, on improving transport and energy connections, environment, economic and social
development and security which will contribute to a faster road and rail transportation,
cheaper and more secure energy, a better environment with cleaner water, protected
biodiversity, more efficient cross-border flood prevention.
2.
The Parties shall increase the cross border cooperation aiming at restoring the navigation
on Prut river which will lead to flood prevention in the basin of the river, improving the
water quality, agricultural irrigation, intensifying economic activities, promoting tourism
and cultural activities and as well contributing to capacity building.
Article 111
The Parties shall facilitate the movement of citizens of the European Union and of the Republic
of Moldova who are called upon to cross the border on a frequent basis and over short distances.
Article 112
A regular dialogue will take place on the issues covered by this Chapter.
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CHAPTER 21
PUBLIC HEALTH
Article 113
The Parties agree to develop their cooperation in the field of public health, with a view to raising
the level of public health safety and protection of human health as a precondition for sustainable
development and economic growth.
Article 114
The cooperation shall cover the following areas in particular:
(a) strengthening of the public health system of the Republic of Moldova, in particular through
implementing health sector reform, ensuring high-quality primary healthcare, improving
health governance and healthcare financing;
(b) epidemiological surveillance and control of communicable diseases, such as for example
HIV/AIDS, viral hepatitis and tuberculosis, as well as increased preparedness for public
health threats and emergencies;
(c) prevention and control of non-communicable diseases, mainly through exchange of
information and best practices, promoting healthy lifestyles and addressing major health
determinants, such as nutrition, addiction to alcohol, drugs and tobacco;
(d) quality and safety of substances of human origin;
(e) health information and knowledge; and
(f) full and timely implementation of international health agreements, in particular the
International Health Regulations and the Framework Convention on Tobacco Control of
2003.
Article 115
The cooperation shall enable:
(a) the progressive integration of the Republic of Moldova into the European Union's health
related networks; and
(b) the progressive enhancement of interaction between the Republic of Moldova and the
European Centre for Disease prevention and Control.
Article 116
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex XIII to this Agreement according to the provisions
of that Annex.
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CHAPTER 22
CIVIL PROTECTION
Article 117
The Parties shall develop and strengthen their cooperation on natural and man-made disasters.
Cooperation shall be conducted considering the interests of the Parties on the basis of equality
and mutual benefit, as well as taking into account the interdependence existing between the
Parties and multilateral activities in the field.
Article 118
Cooperation shall aim at improving the prevention of, preparation for and response to natural and
man-made disasters.
Article 119
The Parties shall, inter alia, exchange information and expertise and implement joint activities at
national, regional and international level. Cooperation shall include the implementation of
specific agreements and administrative arrangements in this field concluded between the Parties
according to the respective powers and competences of the European Union and its Member
States, and in accordance with the legal procedures of the Parties.
Article 120
The cooperation shall cover, amongst others, the following objectives:
(a) facilitating mutual assistance in case of emergencies;
(b) exchanging on a 24-hour basis early warnings and updated information on large scale
emergencies affecting the EU or the Republic of Moldova, including requests for and offers
of assistance;
(c) cooperating on the assessment of the environmental impact of disasters;
(d) inviting experts to specific technical workshops and symposia on civil protection issues;
(e) inviting, on a case by case basis, observers to specific exercises and trainings organised by the
EU and/or the Republic of Moldova; and
(f) strengthening cooperation on the most effective use of available civil protection capabilities.
Article 121
A regular dialogue will take place on the issues covered by this Chapter.
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CHAPTER 23
COOPERATION ON EDUCATION, TRAINING, MULTILINGUALISM, YOUTH AND
SPORT
Article 122
The Parties shall cooperate to promote lifelong learning, encourage cooperation and transparency
at all levels of education and training, with a special focus on higher education.
Article 123
This cooperation shall focus inter alia on the following areas:
(a) promoting lifelong learning, which is a key to growth and jobs, and can allow citizens to
participate fully in society;
(b) modernising education and training systems, enhancing quality, relevance and access;
(c) promoting convergence in higher education, deriving from the Bologna process and the EU
higher education modernisation agenda;
(d) reinforcing international academic cooperation, participation in EU cooperation programmes,
increasing student and teacher mobility;
(e) establishing a national qualification framework to improve the transparency and recognition
of qualifications and competences;
(f) promoting the aims set in the Copenhagen process on enhanced European cooperation in
vocational education and training.
Article 124
The Parties shall promote cooperation and exchanges in areas of mutual interest such as linguistic
diversity and lifelong language learning, through an exchange of information and best practices.
Article 125
The Parties agree to cooperate in the field of youth to:
(a) reinforce cooperation and exchanges in the field of youth policy and non-formal education for
young people and youth workers;
(b) facilitate active participation of all young people in society;
(c) support young people and youth workers' mobility as a means to promote intercultural
dialogue and the acquisition of knowledge, skills and competences outside the formal
educational systems, including through volunteering;
(d) promote cooperation between youth organisations to support civil society.
EN
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Article 126
The Parties shall promote cooperation in the field of sport and physical activity through the
exchange of information and good practices in order to promote a healthy lifestyle, the social and
educational values of sport and good governance in sport within the societies of the European
Union and the Republic of Moldova.
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CHAPTER 24
COOPERATION IN RESEARCH, TECHNOLOGICAL DEVELOPMENT AND
DEMONSTRATION
Article 127
The Parties shall promote cooperation in all areas of civil scientific research and technological
development and demonstration (RTD) on the basis of mutual benefit and subject to appropriate
and effective protection of intellectual property rights.
Article 128
Cooperation in RTD shall cover:
(a) policy dialogue and the exchange of scientific and technological information;
(b) facilitating adequate access to the respective programmes of the Parties;
(c) increasing research capacity and the participation of research entities of the Republic of
Moldova in the research Framework Programme of the EU;
(d) the promotion of joint projects for research in all areas of RTD;
(e) training activities and mobility programmes for scientists, researchers and other research staff
engaged in RTD activities on both sides;
(f) facilitating, within the framework of applicable legislation, the free movement of research
workers participating in the activities covered by this Agreement and the cross-border
movement of goods intended for use in such activities; and
(g) other forms of cooperation in RTD (including through regional approaches and initiatives),
on the basis of mutual agreement.
Article 129
In carrying out such cooperation activities, synergies should be sought with activities funded by
the Science and Technology Centre (STCU) and other activities carried out within the framework
of financial cooperation between the EU and the Republic of Moldova.
EN
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CHAPTER 25
COOPERATION ON CULTURE, AUDIO-VISUAL POLICY AND MEDIA
Article 130
The Parties will promote cultural cooperation in accordance with the principles enshrined in the
2005 United Nations Educational, Scientific and Cultural Organisation (UNESCO) Convention
on the Protection and Promotion of the Diversity of Cultural Expressions. The Parties will seek a
regular policy dialogue in areas of mutual interest, including the development of cultural
industries in the European Union and the Republic of Moldova. Cooperation between the Parties
will foster intercultural dialogue, including through the participation of the culture sector and
civil society from the EU and the Republic of Moldova.
Article 131
1.
The Parties shall develop a regular dialogue and cooperate to promote the audio-visual
industry in Europe and encourage co-production in the fields of cinema and television.
2.
Cooperation could include, inter alia, the issue of the training of journalists and other
media professionals, as well as support to the media, so as to reinforce their
independence, professionalism and links with EU media in compliance with European
standards, including standards of the Council of Europe (CoE) and the 2005 UNESCO
Convention on the Protection and Promotion of the Diversity of Cultural Expressions.
Article 132
EN
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CHAPTER 26
CIVIL SOCIETY COOPERATION
Article 134
The Parties shall establish a dialogue on civil society cooperation, with the following objectives:
(a) to strengthen contacts and exchange of information and experience between all sectors of
civil society in the European Union and in the Republic of Moldova;
(b) to ensure a better knowledge and understanding of the Republic of Moldova, including its
history and culture, in the European Union and in particular among civil society organisations
based in EU Member States, thus allowing for a better awareness of the opportunities and
challenges for future relations;
(c) reciprocally, to ensure a better knowledge and understanding of the European Union in the
Republic of Moldova and in particular among civil society organisations of the Republic of
Moldova, with a non-exclusive focus on the values on which the European Union is founded,
its policies and its functioning.
Article 135
The Parties shall promote dialogue and cooperation between civil society stakeholders from both
sides as an integral part of the relations between the European Union and the Republic of
Moldova. The aims of such a dialogue and such cooperation are:
(a) to ensure involvement of civil society in EU-Republic of Moldova relations, in particular in
the implementation of this Agreement;
(b) to enhance civil society participation in the public decision-making process, particularly by
establishing an open, transparent and regular dialogue between the public institutions and
representative associations and civil society;
(c) to facilitate a process of institution-building and consolidation of civil society organisations in
various ways, including among others: advocacy support, informal and formal networking,
mutual visits and workshops in particular in view of improving the legal framework for civil
society;
(d) to enable civil society representatives from each side to become acquainted with the processes
of consultation and dialogue between civil and social partners on the other side, in particular
with a view to further integrating civil society in the public policy-making process in the
Republic of Moldova.
Article 136
A regular dialogue will take place between the Parties on the issues covered by this Chapter.
EN
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CHAPTER 27
COOPERATION IN THE PROTECTION AND PROMOTION OF THE RIGHTS OF
THE CHILD
Article 137
The Parties agree to cooperate in ensuring the promotion of the rights of the child according to
international laws and standards, in particular the UN Convention on the Rights of the Child of
1989, taking into account the priorities identified in the specific context of the Republic of
Moldova, in particular for vulnerable groups.
Article 138
Such cooperation shall include, in particular:
(a) the prevention and combating of all forms of exploitation (including child labour), abuse,
negligence and violence against children, including by developing and strengthening the legal
and institutional framework as well as awareness-raising campaigns in this domain;
(b) the improvement of the system of identification and assistance of children in vulnerable
situations, including increased participation by children in decision making processes and the
implementation of efficient mechanisms to handle individual complaints made by children;
(c) exchange of information and best practice on the alleviation of poverty among children,
including on measures to focus social policies on childrens wellbeing, and to promote and
facilitate childrens access to education;
(d) the implementation of measures aimed at promoting childrens rights within the family and
institutions, and strengthening the capacity of parents and carers in order to ensure child
development;
(e) accession to, ratification and implementation of the relevant international documents,
including those developed within the United Nations, the Council of Europe and the Hague
Conference on Private International Law, with the purpose of promoting and protecting of
childrens rights in line with the highest standards in the field.
Article 139
A regular dialogue will take place on the issues covered by this Chapter.
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CHAPTER 28
PARTICIPATION IN EUROPEAN UNION AGENCIES AND PROGRAMMES
Article 140
The Republic of Moldova shall be allowed to participate in all agencies of the Union open to the
participation of the Republic of Moldova in accordance with the relevant provisions establishing
these agencies. The Republic of Moldova shall enter into separate agreements with the EU to
enable its participation in each such agency including the amount of financial contribution.
Article 141
The Republic of Moldova shall be allowed to participate in all current and future programmes of
the Union opened to the participation of the Republic of Moldova in accordance with the relevant
provisions adopting these programmes. The Republic of Moldovas participation in the
programmes of the Union shall be in accordance with the provisions laid down in Protocol I of
this Agreement on a Framework Agreement between the European Union and the Republic of
Moldova on the General Principles for the Participation of the Republic of Moldova in Union
Programmes.
Article 142
The Parties will conduct a regular dialogue on the participation of the Republic of Moldova in
EU programmes and agencies. In particular, the EU shall inform the Republic of Moldova in the
case of establishment of new EU agencies and new programmes of the Union, as well as
regarding changes in terms of participation in the programmes of the Union and agencies,
mentioned in Articles 140 and 141 of this Agreement.
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TITLE V
TRADE AND TRADE-RELATED MATTERS
EN
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CHAPTER 1
NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS
Section 1
Common Provisions
Article 143
Objective
The Parties shall progressively establish a free trade area over a transitional period of a maximum
of ten years starting from the entry into force of this Agreement, in accordance with the
provisions of this Agreement and in conformity with Article XXIV of the General Agreement on
Tariffs and Trade 1994 (GATT 1994).
Article 144
Scope and coverage
1.
The provisions of this Chapter shall apply to trade in goods1 between the Parties.
2.
For the purposes of this Chapter, originating means qualifying under the rules of
origin set out in Protocol II to this Agreement.
Section 2
Elimination of Customs Duties, Fees and Other Charges
Article 145
Definition of customs duties
For the purposes of this Chapter, a customs duty includes any duty or charge of any kind
imposed on, or in connection with, the import or export of a good, including any form of surtax
or surcharge imposed on, or in connection with, such import or export. A customs duty does
not include any:
(a)
charge equivalent to an internal tax imposed consistently with Article 152 of this
Agreement;
(b)
duties imposed consistently with Chapter 2 (Trade Remedies) of Title V (Trade and
Trade-related Matters) of this Agreement;
(c)
fees or other charges imposed consistently with Article 151 of this Agreement.
EN
For the purposes of this Agreement, goods means products as understood in GATT 1994 unless otherwise
provided in this Agreement
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EN
Article 146
Classification of goods
The classification of goods in trade between the Parties shall be that set out in each Party's
respective tariff nomenclature in conformity with the Harmonised Commodity Description and
Coding System 2012 of 1983 (HS) and subsequent amendments thereto.
Article 147
Elimination of customs duties on imports
1.
Each Party shall reduce or eliminate customs duties on goods originating in the other
Party in accordance with Annex XV to this Agreement.
2.
For each good the base rate of customs duties to which the successive reductions and
eliminations are to be applied under paragraph 1 are specified in Annex XV to this
Agreement.
3.
If, at any moment following the date of entry into force of this Agreement, a Party
reduces its applied most-favoured-nation (MFN) customs duty rate, such duty rate shall
apply as base rate if and for as long as it is lower than the customs duty rate calculated in
accordance with Annex XV to this Agreement.
4.
After the entry into force of this Agreement, the Parties may agree to consider
accelerating and broadening the scope of the elimination of customs duties on trade
between the Parties. A decision of the Association Committee in Trade configuration, as
set out in Article 438(4) of this Agreement, on the acceleration or elimination of a
customs duty on a good shall supersede any duty rate or staging category determined
pursuant to Annex XV to this Agreement.
5.
During the third year after the entry into force of this Agreement, the Parties shall assess
the situation, taking account of the pattern of trade in agricultural products between the
Parties, the particular sensitivities of such products and the development of agricultural
policy on both sides.
6.
EN
1.
The products listed in Annex XV-C to this Agreement are subject to the anticircumvention mechanism. The average annual volume of imports from the Republic of
Moldova into the Union for each category of those products is provided in Annex XV-C
to this Agreement.
2.
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EN
starting on 1 January, the Union shall notify the Republic of Moldova about the volume
of imports of the product(s) concerned. Following this notification and within 14
calendar days from the date on which the volume of imports of one or more categories
of products referred to in paragraph 1 reaches 80% of the volume indicated in Annex
XV-C to this Agreement, the Republic of Moldova shall provide the Union with a sound
justification for the increase of imports. If those imports reach 100% of the volume
indicated in Annex XV-C to this Agreement and in the absence of a sound justification
by the Republic of Moldova, the Union may temporarily suspend the preferential
treatment for the products concerned.
The suspension shall be applicable for a period of six months and shall take effect on the
date of publication of the decision to suspend preferential treatment in the Official
Journal of the European Union.
3.
4.
A temporary suspension may be lifted before the expiry of six months from its entry into
force by the Union if the Republic of Moldova provides evidence within the Association
Committee in Trade configuration, as set out in Article 438(4) of this Agreement, that
the volume of the relevant category of products imported in excess of the volume
referred to in Annex XV-C to this Agreement results from a change in the level of
production and export capacity of the Republic of Moldova for the product(s) concerned.
5.
Annex XV-C to this Agreement may be amended and the volume modified by mutual
consent of the Union and the Republic of Moldova in the Association Committee in
Trade configuration at the request of the Republic of Moldova, in order to reflect
changes in the level of production and export capacity of the Republic of Moldova for
the product(s) concerned.
Article 149
Standstill
Neither Party may increase any existing customs duty, or adopt any new customs duty, on a good
originating in the other Party. This shall not preclude that either Party may:
(a)
(b)
No Party shall adopt or maintain any duty or tax, other than internal charges applied in
conformity with Article 152 of this Agreement, on or in connection with the export of goods to
the territory of the other Party.
EN
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Article 151
Fees and other charges
Each Party shall ensure, in accordance with Article VIII of GATT 1994 and its interpretative
notes, that all fees and charges of whatever character other than customs duties or other measures
referred to in Article 147 of this Agreement, imposed on, or in connection with, the import or
export of goods are limited in amount to the approximate cost of services rendered and do not
represent an indirect protection of domestic goods or a taxation of imports or exports for fiscal
purposes.
Section 3
Non-Tariff Measures
Article 152
National treatment
Each Party shall accord national treatment to the goods of the other Party in accordance with
Article III of GATT 1994, including its interpretative notes. To this end, Article III of GATT
1994 and its interpretative notes are incorporated into and made integral part of this Agreement.
Article 153
Import and export restrictions
No Party shall adopt or maintain any prohibition or restriction on the import of any good of the
other Party or on the export or sale for export of any good destined for the territory of the other
Party, except as otherwise provided in this Agreement or in accordance with Article XI of GATT
1994 and its interpretative notes. To this end, Article XI of GATT 1994 and its interpretative
notes are incorporated into, and made an integral part of, this Agreement.
Section 4
Specific Provisions Related to Goods
Article 154
General exceptions
EN
1.
2.
The Parties understand that before taking any measures for which justification could be
sought under subparagraphs (i) and (j) of Article XX of GATT 1994, the Party intending
to take the measures shall provide the other Party with all relevant information and seek
a solution acceptable to the Parties. If no agreement is reached within 30 days of
providing such information, the Party may apply measures under this paragraph on the
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EN
good concerned. Where exceptional and critical circumstances require immediate action
and make prior information or examination impossible, the Party intending to take the
measures may apply forthwith the precautionary measures necessary to deal with the
situation and shall inform the other Party immediately thereof.
Section 5
Administrative Cooperation and Coordination with Other Countries
Article 155
Special provisions on administrative cooperation
1
The Parties agree that administrative cooperation and assistance are essential for the
implementation and the control of the preferential treatment granted under this Chapter
and underline their commitment to combat irregularities and fraud in customs and
related matters.
2.
Where a Party has made a finding, on the basis of objective information, of a failure of
the other Party to provide administrative cooperation or assistance and/or of
irregularities or fraud under this Chapter, the Party concerned may temporarily suspend
the relevant preferential treatment of the product(s) concerned in accordance with this
Article and in particular the procedure provided for under paragraph 5.
3.
a repeated failure to respect the obligations to verify the originating status of the
good(s) concerned;
(b)
a repeated refusal or undue delay in carrying out and/or communicating the results
of subsequent verification of the proof of origin;
(c)
4.
For the purpose of this Article a finding of irregularities or fraud may be made, inter
alia, where there is a rapid increase, without satisfactory explanation, in the volume of
imports of goods exceeding the usual level of production and export capacity of the
other Party that is linked to objective information concerning irregularities or fraud.
5.
EN
The Party which has made a finding, on the basis of objective information, of a
failure to provide administrative cooperation or assistance and/or of irregularities
or fraud shall, without undue delay, notify the Association Committee in Trade
configuration, as set out in Article 438(4) of this Agreement, of its finding together
with the objective information and enter into consultations within that Committee,
on the basis of all relevant information and objective findings, with a view to
reaching a solution acceptable to both Parties.
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6.
(b)
Where the Parties have entered into consultations within the aforementioned
Committee and have failed to agree on an acceptable solution within 3 months
following the notification, the Party concerned may temporarily suspend the
relevant preferential treatment of the good(s) concerned. A temporary suspension
shall be notified to the Association Committee in Trade configuration without
undue delay.
(c)
Each Party shall publish all notices to importers concerning any notification referred to
in paragraph 5(a), any decision referred to in paragraph 5(b), and any extension or
termination as referred to in paragraph 5(c), according to its internal procedures.
Article 156
Management of administrative errors
In case of an error by the competent authorities in the proper management of the preferential
system at export, and in particular in the application of the provisions of Protocol II to this
Agreement concerning the definition of originating products and methods of administrative
cooperation, where this error leads to consequences in terms of import duties, the Party facing
such consequences may request that the Association Committee in Trade configuration, as set out
in Article 438(4) of this Agreement, examines the possibility of adopting all appropriate
measures with a view to resolving the situation.
Article 157
Agreements with other countries
EN
1.
This Agreement shall not preclude the maintenance or establishment of customs unions,
other free trade areas or arrangements for frontier traffic except insofar as they conflict
with trade arrangements provided for in this Agreement.
2.
Consultations between the Parties shall take place within the Association Committee in
Trade configuration, as set out in Article 438(4) of this Agreement, concerning
agreements establishing customs unions, other free trade areas or arrangements for
frontier traffic and, where requested, on other major issues related to their respective
trade policies with third countries. In particular, in the event of a third country acceding
to the European Union, such consultations shall take place so as to ensure that account is
taken of the mutual interests of the Union and the Republic of Moldova as stated in this
Agreement.
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CHAPTER 2
TRADE REMEDIES
Section 1
Global Safeguard Measures
Article 158
General provisions
1.
The Parties confirm their rights and obligations under Article XIX of GATT 1994 and
the Agreement on Safeguards contained in Annex 1A to the WTO Agreement
(Agreement on Safeguards) and Article 5 of the Agreement on Agriculture, contained in
Annex 1A to the WTO Agreement (Agreement on Agriculture).
2.
The preferential rules of origin established under Chapter 1 of Title V (Trade and Traderelated Matters) of this Agreement shall not apply to this Section.
3.
The provisions of this Section shall not be subject to Chapter 14 (Dispute Settlement) of
Title V (Trade and Trade-related Matters) of this Agreement.
Article 159
Transparency
1.
The Party initiating a safeguard investigation shall notify the other Party of such
initiation provided the latter has a substantial economic interest.
2.
Notwithstanding Article 158 of this Agreement, at the request of the other Party, the
Party initiating a safeguard investigation and intending to apply safeguard measures
shall provide immediately ad hoc written notification of all the pertinent information
leading to the initiation of a safeguard investigation and the imposition of safeguard
measures, including, where relevant, information on the initiation of a safeguard
investigation, on the provisional findings and on the final findings of the investigation,
as well as offer the possibility for consultations to the other Party.
3.
For the purposes of this Article, a Party shall be considered as having a substantial
economic interest when it is among the five largest suppliers of the imported product
during the most recent three-year period of time, measured in terms of either absolute
volume or value.
Article 160
Application of measures
1.
EN
When imposing safeguard measures, the Parties shall endeavour to impose them in a
way that affects their bilateral trade the least.
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2.
For the purposes of paragraph 1 of this Article, if a Party considers that the legal
requirements for the imposition of definitive safeguard measures are met and intends to
apply such measures, that Party shall notify the other Party and give the latter the
possibility to hold bilateral consultations. If no satisfactory solution has been reached
within 30 days of the notification, the importing Party may adopt the appropriate
measures to remedy the problem.
Section 2
Anti-dumping and Countervailing Measures
Article 161
General provisions
1.
The Parties confirm their rights and obligations under Article VI of GATT 1994, the
Agreement on Implementation of Article VI of GATT 1994, contained in Annex 1A to
the WTO Agreement (Anti-Dumping Agreement) and from the Agreement on Subsidies
and Countervailing Measures, contained in Annex 1A to the WTO Agreement (SCM
Agreement).
2.
The preferential rules of origin established under Chapter 1 of Title V (Trade and Traderelated Matters) of this Agreement shall not apply to this Section.
3.
The provisions of this Section shall not be subject to Chapter 14 (Dispute Settlement) of
Title V (Trade and Trade-related Matters) of this Agreement.
Article 162
Transparency
EN
1.
The Parties agree that antidumping and countervailing measures should be used in full
compliance with the requirements of the Anti-Dumping Agreement and the SCM
Agreement, respectively, and should be based on a fair and transparent system.
2.
The Parties shall ensure, immediately after the imposition of provisional measures and
before the final determination is made, full and meaningful disclosure of all essential
facts and considerations which form the basis for the decision to apply measures,
without prejudice to Article 6(5) of the Anti-Dumping Agreement and Article 12(4) of
the SCM Agreement. Disclosures shall be made in writing and allow interested parties
sufficient time to make their comments.
3.
Provided it does not unnecessarily delay the conduct of the investigation, each interested
party shall be granted the possibility to be heard in order to express their views during
anti-dumping and anti-subsidy investigations.
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Article 163
Consideration of public interest
Anti-dumping or countervailing measures may not be applied by a Party where, on the basis of
the information made available during the investigation, it can clearly be concluded that it is not
in the public interest to apply such measures. The public interest determination shall be based on
an appreciation of all the various interests taken as a whole, including the interests of the
domestic industry, users, consumers and importers to the extent that they have provided relevant
information to the investigating authorities.
Article 164
Lesser duty rule
Should a Party decide to impose a provisional or a definitive anti-dumping or a countervailing
duty, the amount of such duty shall not exceed the margin of dumping or the total amount of
countervailable subsidies, but it should be less than the margin of dumping or the total amount of
countervailable subsidies if such a lesser duty would be adequate to remove the injury to the
domestic industry.
Section 3
Bilateral Safeguard Measures
Article 165
Application of a bilateral safeguard measure
EN
1.
If, as a result of the reduction or elimination of a customs duty under this Agreement,
goods originating in a Party are being imported into the territory of the other Party in
such increased quantities, in absolute terms or relative to domestic production, and under
such conditions as to cause or threaten to cause serious injury to the domestic industry
producing like or directly competitive goods, the importing Party may adopt measures
provided for in paragraph 2 in accordance with the conditions and procedures laid down
in this Section.
2.
suspends further reduction of the rate of customs duty on the good concerned
provided for under this Agreement; or
(b)
increases the rate of customs duty on the good to a level which does not exceed the
lesser of:
(i)
the MFN applied rate of customs duty on the good in effect at the time the
measure is taken; or
(ii)
the base rate of customs duty specified in the Schedules included in Annex
XV pursuant to Article 147 of this Agreement.
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Article 166
Conditions and limitations
1.
A Party shall notify the other Party in writing of the initiation of an investigation
described in paragraph 2 and consult with the other Party as far in advance of applying a
bilateral safeguard measure as practicable, with a view to reviewing the information
arising from the investigation and exchanging views on the measure.
2.
A Party shall apply a bilateral safeguard measure only following an investigation by its
competent authorities in accordance with Articles 3 and 4.2(c) of the Agreement on
Safeguards and to this end, Articles 3 and 4.2(c) of the Agreement on Safeguards are
incorporated into and made part of this Agreement, mutatis mutandis.
3.
When conducting the investigation described in paragraph 2, the Party shall comply with
the requirements of Article 4.2(a) of the Agreement on Safeguards and to this end,
Article 4.2(a) of the Agreement on Safeguards is incorporated into and made part of this
Agreement, mutatis mutandis.
4.
Each Party shall ensure that its competent authorities complete any such investigation
within one year of the date of its initiation.
5.
6.
(a)
except to the extent, and for such time, as may be necessary to prevent or remedy
serious injury and to facilitate the adjustment of the domestic industry;
(b)
for a period exceeding two years, except that the period may be extended by up
to two years if the competent authorities of the importing Party determine, in
conformity with the procedures specified in this Article, that the measure
continues to be necessary to prevent or remedy serious injury and to facilitate the
adjustment of the domestic industry and that there is evidence that the industry is
adjusting, provided that the total period of application of a safeguard measure,
including the period of initial application and any extension thereof, shall not
exceed four years; or
(c)
(d)
with respect to the same product, at the same time as the measure under Article
XIX of GATT 1994 and the Agreement on Safeguards.
When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be
the rate that, according to its Schedule included in Annex XV, would have been in effect
but for the measure.
Article 167
Provisional measures
In critical circumstances where delay would cause damage that would be difficult to repair, a
Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary
determination that there is clear evidence that the imports of a good originating in the other
Party have increased as the result of the reduction or elimination of a customs duty under this
Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry.
EN
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The duration of any provisional measure shall not exceed 200 days, during which time the
Party shall comply with the requirements of Articles 166(2) and 166(3) of this Agreement. The
Party shall promptly refund any duty paid in excess of the customs duty set out in Annex XV
if the investigation described in Article 166(2) of this Agreement does not result in a finding
that the requirements of Article 165 of this Agreement are met. The duration of any
provisional measure shall be counted as part of the period prescribed by Article 166(5)(b) of
this Agreement.
Article 168
Compensation
1.
A Party applying a bilateral safeguard measure shall consult with the other Party in order
to arrive at a mutually agreed appropriate trade liberalising compensation in the form of
concessions having substantially equivalent trade effects or equivalent to the value of the
additional duties expected to result from the safeguard measure. The Party shall provide
an opportunity for such consultations no later than 30 days after the application of the
bilateral safeguard measure.
2.
3.
The right of suspension referred to in paragraph 2 shall not be exercised for the first 24
months during which a bilateral safeguard measure is in effect, provided that the
safeguard measure conforms to the provisions of this Agreement.
Article 169
Definitions
EN
(a)
serious injury and threat of serious injury shall be understood in accordance with
Article 4.1(a) and (b) of the Agreement on Safeguards. To this end, Article 4.1(a)
and (b) of the Agreement on Safeguards is incorporated into and made part of this
Agreement, mutatis mutandis; and
(b)
transition period means a period of ten years from the date of entry into force of
this Agreement.
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CHAPTER 3
TECHNICAL BARRIERS TO TRADE, STANDARDISATION, METROLOGY,
ACCREDITATION AND CONFORMITY ASSESSMENT
Article 170
Scope and definitions
1.
This Chapter applies to the preparation, adoption and application of standards, technical
regulations, and conformity assessment procedures as defined in the Agreement on
Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement (TBT
Agreement) that may affect trade in goods between the Parties.
2.
Notwithstanding paragraph 1, this Chapter does not apply to sanitary and phytosanitary
measures as defined in Annex A of the Agreement on the Application of Sanitary and
Phytosanitary Measures, contained in Annex 1A to the WTO Agreement (SPS
Agreement), nor to purchasing specifications prepared by public authorities for their
own production or consumption requirements.
3.
For the purposes of this Chapter, the definitions of Annex I to the TBT Agreement shall
apply.
Article 171
Affirmation of the TBT Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT
Agreement which is hereby incorporated into and made part of this Agreement.
Article 172
Technical cooperation
EN
1.
The Parties shall strengthen their cooperation in the field of standards, technical
regulations, metrology, market surveillance, accreditation and conformity assessment
systems with a view to increasing the mutual understanding of their respective systems
and facilitating access to their respective markets. To this end, they may establish
regulatory dialogues at both horizontal and sectoral levels.
2.
In their cooperation, the Parties shall seek to identify, develop and promote trade
facilitating initiatives which may include, but are not limited to:
(a)
(b)
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EN
(c)
(d)
(e)
(f)
EN
1.
The Republic of Moldova shall take the necessary measures in order to gradually
achieve conformity with the Unions technical regulations, standards, metrology,
accreditation, conformity assessment, corresponding systems and market surveillance
system, and undertakes to follow the principles and the practice laid down in the relevant
Union acquis.
2.
With a view to reaching the objectives set out in paragraph 1, the Republic of Moldova
shall:
(a)
(b)
carry out the administrative and institutional reforms that are necessary to provide
the effective and transparent system that is required for the implementation of this
Chapter.
3.
The Republic of Moldova shall refrain from amending its horizontal and sectoral
legislation, except for aligning such legislation progressively with the corresponding
Union acquis and for maintaining such alignment; and shall notify the Union of changes
in its domestic legislation.
4.
The Republic of Moldova shall ensure the participation of its relevant national bodies in
European and international organisations for standardisation, legal and fundamental
metrology, and conformity assessment, including accreditation, in accordance with the
respective areas of activity of those bodies and the membership status available to them.
5.
With a view to integrating its standardisation system, the Republic of Moldova shall:
(a)
(b)
(c)
progressively fulfil the conditions for full membership of the European Standards
Organisations.
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6.
After the coming into force of this Agreement, the Republic of Moldova shall provide
the Union with reports on the measures taken in accordance with Annex XVI to this
Agreement once a year. Where actions listed in Annex XVI to this Agreement have not
been executed by the time set therein, the Republic of Moldova shall indicate a new
schedule for the completion of such actions. Annex XVI to this Agreement may be
adapted by the Parties.
Article 174
Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA)
1.
The Parties shall ultimately agree to add an ACAA as a Protocol to this Agreement,
covering sectors from the list in Annex XVI to this Agreement that are considered to be
aligned after they have been agreed upon, following verification by the Union, that the
relevant sectoral and horizontal legislation, institutions and standards of the Republic of
Moldova have been fully aligned with those of the Union. It is intended to ultimately
extend the ACAA to cover all the sectors listed in Annex XVI to this Agreement.
2.
The ACAA will provide that trade between the Parties in products in the sectors that it
covers shall take place under the same conditions as those applying to trade in such
products between the Member States of the European Union.
Article 175
Marking and labelling
EN
1.
Without prejudice to Articles 173 and 174 of this Agreement, and with respect to
technical regulations relating to labelling or marking requirements, the Parties reaffirm
the principles of Chapter 2.2 of the TBT Agreement that such requirements are not
prepared, adopted or applied with a view to or with the effect of creating unnecessary
obstacles to international trade. For this purpose, such labelling or marking requirements
shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking
account of the risks that non-fulfilment would create.
2.
they will endeavour to minimise their needs for marking or labelling, except as
required for the adoption of the Union acquis in this area, and for marking and
labelling for the protection of health, safety or the environment, or for other
reasonable public policy purposes; and
(b)
they retain the right to require the information on the label or marking to be in a
specified language.
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CHAPTER 4
SANITARY AND PHYTOSANITARY MEASURES
Article 176
Objective
1.
2.
(b)
(c)
recognising the animal and plant health status of the Parties and applying the
principle of regionalisation;
(d)
(e)
(f)
(g)
The Parties re-affirm their rights and obligations under the WTO Agreements, and in particular
the SPS Agreement.
Article 178
Scope
This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly
or indirectly, affect trade between the Parties, including all measures listed in Annex XVII to this
Agreement.
EN
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Article 179
Definitions
For the purposes of this Chapter, the following definitions shall apply:
EN
1.
2.
"animals" means animals, as defined in the Terrestrial Animal Health Code or the
Aquatic Animal Health Code of the World Organisation for Animal Health (OIE)
respectively;
3.
"animal products" means products of animal origin, including aquatic animal products,
as defined in the Aquatic Animal Health Code of the OIE;
4.
"animal by-products not intended for human consumption" means animal products as
listed in Annex XVII-A, Part 2 (II) to this Agreement;
5.
"plants" means living plants and specified living parts thereof, including seeds:
(a)
fruit, in the botanical sense, other than those preserved by deep freezing;
(b)
(c)
(d)
cut flowers;
(e)
(f)
(g)
(h)
leaves, foliage;
(i)
(j)
7.
8.
"pests (harmful organisms)" means any species, strain or biotype of plant, animal or
pathogenic agent injurious to plants or plant products;
9.
10.
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EN
11.
"aquaculture disease" means clinical or non-clinical infection with one or more of the
aetiological agents of the diseases referred to in the Aquatic Animal Health Code of the
OIE;
12.
"infection in animals" means the situation where animals maintain an infectious agent
with or without the presence of clinical or pathological manifestation of an infection;
13.
"animal welfare standards" means standards for the protection of animals developed and
applied by the Parties and, as appropriate, in line with the OIE standards;
14.
"appropriate level" of sanitary and phytosanitary protection means the appropriate level
of sanitary and phytosanitary protection as defined in paragraph 5 of Annex A to the
SPS Agreement;
15.
"region" means with regard to animal health a zone or a region as defined in the
Terrestrial Animal Health Code of the OIE, and with regard to aquaculture a zone as
defined in the Aquatic Animal Health Code of the OIE. For the Union the term
territory or country shall mean the territory of the Union;
16.
"pest free area" (PFA) means an area in which a specific pest does not occur as
demonstrated by scientific evidence and in which, where appropriate, this condition is
being officially maintained;
17.
18.
19.
20.
21.
"equivalence for trade purposes" (equivalence) means the situation where the importing
Party shall accept the measures listed in Annex XVII to this Agreement of the exporting
Party as equivalent, even if these measures differ from its own, if the exporting party
objectively demonstrates to the importing Party that its measures achieve the importing
Party's appropriate level of sanitary and phytosanitary protection or acceptable level of
risk;
22.
"sector" means the production and trade structure for a product or category of products
in a Party;
23.
24.
"commodity" means the products or objects being moved for trade purpose, including
those referred to in points 2 to 7;
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25.
26.
"working days" means week days except Sunday, Saturday and public holidays in one of
the Parties;
27.
"inspection" means the examination of any aspect of feed, food, animal health and
animal welfare in order to verify that such aspect(s) comply with the legal requirements
of feed and food law and animal health and animal welfare rules;
28.
"plant health inspection" means official visual examination of plants, plant products or
other regulated objects to determine if pests are present and/or to determine compliance
with phytosanitary regulations;
29.
The Parties shall inform each other about the structure, organisation and division of competences
of their competent authorities during the first meeting of the Sanitary and Phytosanitary SubCommittee (SPS Sub-Committee) referred to in Article 191 of this Agreement. The Parties shall
inform each other of any change of the structure, organisation and division of competences,
including of the contact points, concerning such competent authorities.
Article 181
Gradual approximation
EN
1.
The Republic of Moldova shall gradually approximate its sanitary and phytosanitary and
animal welfare law to that of the Union as set out in Annex XXIV to this Agreement.
2.
3.
4.
No later than three months after the entry into force of this Agreement, the Republic of
Moldova shall submit a list of the EU sanitary and phytosanitary, animal welfare and
other measures' legislation covered by this Chapter that the Republic of Moldova will
approximate. The list shall be divided into priority areas that relate to the measures,
defined in Annex XVII to this Agreement, specifying the commodity or the group of
commodities covered by the approximated measures. This approximation list shall serve
as a reference document for the implementation of this Chapter.
5.
The approximation list and the principles for the evaluation of the approximation of the
progress in the approximation process will be added to Annex XXIV to this Agreement
and will be based on the technical and financial resources of Republic of Moldova.
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Article 182
Recognition for trade purposes of animal health and pest status and regional conditions
Recognition of status for animal diseases, infections in animals or pests
1.
2.
As regards animal diseases and infections in animals (including zoonosis), the following
shall apply:
(a)
the importing Party shall recognise for trade purposes, the animal health status of
the exporting Party or its regions determined in accordance with the procedure set
out in Annex XIX Part A to this Agreement, with respect to animal diseases
specified in Annex XVIII-A this Agreement;
(b)
where a Party considers that it has, for its territory or a region within its territory, a
special status with respect to a specific animal disease other than a disease listed in
in Annex XVIII-A to this Agreement, it may request recognition of this status in
accordance with the procedure laid down in Annex XIX Part C to this Agreement.
The importing Party may request guarantees in respect of imports of live animals
and animal products, which are appropriate to the agreed status of the Parties;
(c)
the Parties recognise as the basis for trade between them the status of the territories
or the regions, or the status in a sector or a sub-sector of the Parties related to the
prevalence or the incidence of an animal disease other than a disease listed in
Annex XVIII-A to this Agreement, or related to infections in animals and/or the
associated risk, as appropriate, as determined by the OIE. The importing Party
may request guarantees in respect of imports of live animals and animal products,
which are appropriate to the defined status in accordance with the
recommendations of OIE; and
(d)
without prejudice to Articles 184, 186 and 190 of this Agreement, and unless the
importing Party raises an explicit objection and requests supporting or additional
information, consultations and/or verification, each Party shall take without undue
delay the necessary legislative and administrative measures to allow trade on the
basis of subparagraphs (a), (b) and (c) of this paragraph.
the Parties recognise for trade purposes the pest status in respect of pests specified
in Annex XVIII-B to this Agreement as determined in Annex XIX-B; and
(b)
without prejudice to Articles 184, 186 and 190 of this Agreement, and unless the
importing Party raises an explicit objection and requests supporting or additional
information, consultations and/or verification, each Party shall take without undue
delay the necessary legislative and administrative measures to allow trade on the
basis of point (a) of this paragraph.
Recognition of regionalisation/zoning, pest free areas (PFAs) and protected zones (PZs)
3.
EN
The Parties recognise the concept of regionalisation and PFAs as specified in the
relevant International Plant Protection Convention of 1997 and the International
Standards for Phytosanitary Measures (ISPMs) of the Food and Agriculture
Organization (FAO), and of protected zones according to Directive No 2000/29/EC,
which they agree to apply to trade between them.
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4.
The Parties agree that regionalisation decisions for animal and fish diseases listed in
Annex XVIII-A to this Agreement and for pests listed in Annex XVIII-B to this
Agreement, shall be taken in accordance with the provisions of Annex XIX Part A and B
to this Agreement.
5.
(a) As regards animal diseases in accordance with the provisions of Article 184 of this
Agreement the exporting Party seeking recognition of its regionalisation decision by the
importing Party shall notify its measures with full explanations and supporting data for
its determinations and decisions. Without prejudice to Article 185 of this Agreement,
and unless the importing Party raises an explicit objection and requests additional
information, consultations and/or verification within 15 working days following receipt
of the notification, the regionalisation decision so notified shall be deemed accepted;
(b) The consultations referred to in subparagraph (a) shall take place in accordance
with Article 185(3) of this Agreement. The importing Party shall assess the additional
information within 15 working days following receipt of the additional information. The
verification referred to in subparagraph (a) of this paragraph shall be carried out in
accordance with Article 188 of this Agreement within 25 working days following receipt
of the request for verification.
6.
(a) As regards pests, each Party shall ensure that trade in plants, plant products and
other objects takes account, as appropriate, of the pest status in an area recognised as a
protected zone or as a PFA by the other Party. A Party seeking recognition of its PFA by
the other Party shall notify its measures and, upon request, provide full explanation and
supporting data for its establishment and maintenance, as guided by the FAO or IPPC,
including ISPMs. Without prejudice to Article 190 of this Agreement, and unless a Party
raises an explicit objection and requests additional information, consultations and/or
verification within three months following the notification, the regionalisation decision
for PFA so notified shall be deemed accepted; and
(b) The consultations referred to in subparagraph (a) of this paragraph shall take place
in accordance with Article 185(3) of this Agreement. The importing Party shall assess
the additional information within three months following receipt of the additional
information. The verification referred to in subparagraph (a) of this paragraph shall be
carried out in accordance with Article 188 of this Agreement within 12 months
following receipt of the request for verification, taking into account the biology of the
pest and the crop concerned.
7.
8.
EN
The Parties commit to engage in further discussions with a view to implementing the
principle of compartmentalisation.
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Article 183
Recognition of equivalence
1.
an individual measure; or
(b)
a group of measures; or
(c)
2.
As regards recognition of equivalence the Parties shall follow the process set out in
paragraph 3 of this Article. This process shall include an objective demonstration of
equivalence by the exporting Party and an objective assessment of the request by the
importing Party. This assessment may include inspections or verifications.
3.
Upon request of the exporting Party concerning recognition of equivalence as set out in
paragraph 1 of this Article the Parties shall without delay and no later than three months
following the receipt of such request by the importing Party, initiate the consultation
process which includes the steps set out in Annex XXI to this Agreement. In case of
multiple requests from the exporting Party, the Parties, upon request of the importing
Party, shall agree within the SPS Sub-Committee referred to in Article 191 of this
Agreement on a time schedule in which they shall initiate and conduct the process
referred to in this paragraph.
4.
The Republic of Moldova shall notify the Union as soon as approximation is achieved as
a result of the monitoring provided for in Article 181(3) of this Agreement. This
notification shall be considered to be a request of the Republic of Moldova to initiate the
process of the recognition of equivalence of the measures concerned, as set out in
paragraph 3 of this Article.
5.
Unless otherwise agreed, the importing Party shall finalise the process for recognition of
equivalence referred to in paragraph 3 of this Article within 12 months after the receipt
of the request of the exporting Party, including a dossier demonstrating the equivalence.
This time-limit may be extended with regard to seasonal crops when it is justifiable to
delay the assessment to permit verification during a suitable period of growth of a crop.
6.
The importing Party determines equivalence as regards plants, plant products and other
objects in accordance with the relevant ISPMs.
7.
The importing Party may withdraw or suspend equivalence on the basis of any
amendment by one of the Parties of measures affecting equivalence, provided that the
following procedure is followed:
(a)
EN
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(b)
8.
The recognition, suspension or withdrawal of equivalence rests solely with the importing
Party acting in accordance with its administrative and legislative framework. That Party
shall provide to the exporting Party in writing full explanation and supporting data used
for the determinations and decisions covered by this Article. In case of non-recognition,
suspension or withdrawal of equivalence, the importing Party shall indicate to the
exporting Party the required conditions on the basis of which the process referred to in
paragraph 3 may be reinitiated.
9.
Without prejudice to Article 190 of this Agreement, the importing Party may not
withdraw or suspend equivalence before the proposed new measures of either Party
enter into force.
10.
In case equivalence is formally recognised by the importing Party, on the basis of the
consultation process as set out in Annex XXI to this Agreement, the SPS SubCommittee shall, in accordance with the procedure set out in Article 191(5) of this
Agreement, endorse determination of the recognition of equivalence in trade between
the Parties. This endorsement decision may also provide for the reduction of physical
checks at the frontiers, simplification of certificates and pre-listing procedures for the
establishments, as applicable.
The status of the equivalence shall be listed in Annex XXV to this Agreement.
Article 184
Transparency and exchange of information
EN
1.
Without prejudice to Article 185 of this Agreement, the Parties shall cooperate to
enhance mutual understanding of the other Party's official control structure and
mechanisms tasked with the application of the measures listed in Annex XVII and of the
effectiveness of such structure and mechanism. This can be achieved, amongst others,
through reports of international audits when these are made public by the Parties and the
Parties can exchange information on the results of such audits or other information, as
appropriate.
2.
3.
In this context, the Union shall inform the Republic of Moldova well in advance of
changes to the Union legislation to allow to the Republic of Moldova to consider
modification of its legislation accordingly.
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EN
Each Party shall notify the other Party in writing within two working days of any serious
or significant human, animal or plant health risk, including any food control
emergencies or situations where there is a clearly identified risk of serious health effects
associated with the consumption of animal or plant products, in particular:
(a)
(b)
the presence or evolution of any animal disease listed in Annex XVIII-A to this
Agreement or of the regulated pests listed in Annex XVIII-B to this Agreement;
(c)
(d)
2. (a)
(b)
3.
Where a Party has serious concerns regarding a risk to human, animal or plant health,
consultations regarding the situation shall, upon request of that Party, take place as soon
as possible and, in any case, within 15 working days. In such situations, each Party shall
endeavour to provide all the information necessary to avoid a disruption in trade, and to
reach a mutually acceptable solution consistent with the protection of human, animal or
plant health.
4.
Upon request of a Party, consultations regarding animal welfare shall take place as soon
as possible and, in any case, within 20 working days from the date of notification. In
such situations, each Party shall endeavour to provide all the requested information.
5.
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6.
The Republic of Moldova will develop and implement a national Rapid Alert System for
food and feed (NRASFF) and National Early Warning Mechanism (NEWM) compatible
with those of the EU. After the Republic of Moldova implements the necessary
legislation in this field and creates conditions for the proper functioning of the NRASFF
and the NEWM on the spot, and within an appropriate period of time to be agreed
between the Parties, the NRASFF and the NEWM will be connected to the
corresponding EU systems.
Article 186
Trade conditions
1.
The Parties agree to subject imports of any commodity covered by Annex XVII-A
and Annex XVII-C(2) and (3) to this Agreement to general import conditions.
Without prejudice to the decisions taken in accordance with Article 182 of this
Agreement, the import conditions of the importing Party shall be applicable to the
total territory of the exporting Party. Upon entry into force of this Agreement and
in accordance with the provisions of Article 184 of this Agreement, the importing
Party shall inform the exporting Party of its sanitary and/or phytosanitary import
requirements for commodities referred to in Annex XVII-A and XVII-C to this
Agreement. This information shall include, as appropriate, the models for the
official certificates or declarations or commercial documents, as prescribed by the
importing Party.
(b)
(i)
Any amendment or proposed amendment of the conditions referred to in
paragraph 1(a) of this Article shall comply with the relevant notification
procedures of the SPS Agreement whether or not they refer to measures covered
by the SPS Agreement.
(ii)
Without prejudice to the provisions of Article 190 of this Agreement, the
importing Party shall take into account the transport time between the Parties to
establish the date of entering into force of the amended conditions referred to in
paragraph 1(a) of this Article; and
(iii) If the importing Party fails to comply with these notification requirements,
it shall continue to accept the certificate or the attestation guaranteeing the
previously applicable conditions until 30 days after the amended import conditions
enter into force.
2.
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(b)
For commodities in sectors or sub-sectors for which not all measures are
recognised as equivalent, trade shall continue on the basis of compliance with the
conditions referred to in paragraph 1(a) of this Article. Upon request of the
exporting Party, the provisions of paragraph 5 of this Article shall apply.
3.
From the date of entry into force of this Agreement, the commodities referred to Annex
XVII-A and XVII-C(2) shall not be subject to a specific import authorisation.
4.
For conditions affecting trade of the commodities referred to in paragraph 1(a) of this
Article, upon request of the exporting Party, the Parties shall enter into consultations
within the SPS Sub-Committee in accordance with the provisions of Article 191 of this
Agreement, in order to agree on alternative or additional import conditions of the
importing Party. Such alternative or additional import conditions may, when appropriate,
be based on measures of the exporting Party recognised as equivalent by the importing
Party. If agreed, the importing Party shall within 90 days take the necessary legislative
and/or administrative measures to allow import on the basis of the agreed import
conditions.
5.
For the import of animal products referred to in Annex XVII-A, Part 2 to this
Agreement, upon request of the exporting Party accompanied by the appropriate
guarantees, the importing Party shall provisionally approve processing
establishments referred to in Annex XX.2.1 to this Agreement which are situated
in the territory of the exporting Party, without prior inspection of individual
establishments. Such approval shall be consistent with the conditions and
provisions set out in Annex XX to this Agreement except when additional
information is requested, the importing Party shall take the necessary legislative
and/or administrative measures to allow import on that basis within 1 month
following the date of receipt of the request and the relevant guarantees by the
importing Party.
The initial list of establishments shall be approved in accordance with the
provisions of Annex XX to this Agreement.
(b)
6.
For the import of animal products referred to in paragraph 2(a) of this Article, the
exporting Party shall inform the importing Party of its list of establishments
meeting the importing Party's requirements.
Upon request of a Party, the other Party shall provide the explanation and the supporting
data for the determinations and decisions covered by this Article.
Article 187
Certification procedure
EN
1.
2.
The SPS Sub-Committee referred to in Article 191 of this Agreement may agree on the
rules to be followed in case of electronic certification, withdrawal or replacement of
certificates.
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3.
1.
to carry out verification of all or part of the inspection and certification system of
the other Partys authorities, or other measures, where applicable, in accordance
with the relevant international standards, guidelines and recommendations of
Codex Alimentarius, OIE and IPPC;
(b)
to receive information from the other Party about its control system and be
informed of the results of the controls carried out under that system.
2.
Either Party may share the results of the verifications referred to in point 1(a) of this
Article with third parties and make the results publicly available as may be required by
provisions applicable to either Party. Confidentiality provisions applicable to either
Party shall be respected in such sharing and/or publication of the results, where
appropriate.
3.
If the importing Party decides to carry out a verification visit to the exporting Party, the
importing Party shall notify the exporting Party of this verification visit at least 3 months
before the verification visit is to be carried out, except in emergency cases or if the
Parties agree otherwise. Any modification to this visit shall be agreed by the Parties.
4.
The costs incurred in undertaking a verification of all or part of the other Partys
competent authorities inspection and certification systems and or other measure, where
applicable, shall be borne by the Party carrying out the verification or the inspection.
5.
6.
For clarity the results of a verification may contribute to the procedures referred to in
Articles 181, 183 and 189 of this Agreement conducted by the Parties or one of the
Parties.
Article 189
Import checks and inspection fees
1.
EN
The Parties agree that import checks by the importing Party of consignments from the
exporting Party shall respect the principles set out in Annex XXII Part A to this
Agreement. The results of these checks may contribute to the verification process
referred to in Article 188 of this Agreement.
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2.
The frequencies of physical import checks applied by each Party are set in Annex XXII
Part B to this Agreement. A Party may amend these frequencies within its competences
and in accordance with its internal legislation, as a result of progress made in accordance
with Articles 181, 183 and 186 of this Agreement, or as a result of verifications,
consultations or other measures provided for in this Agreement. The SPS SubCommittee referred to Article 191 of this Agreement shall modify Annex XXII Part B to
this Agreement by decision, accordingly.
3.
Inspection fees may only cover the costs incurred in by the competent authority for
performing import checks. The fee shall be calculated on the same basis as the fees
charged for the inspection of similar domestic products.
4.
The importing Party shall upon request of the exporting Party inform of any amendment,
including the reasons for such an amendment concerning the measures affecting import
checks and inspection fees and of any significant changes in the administrative conduct
for such checks.
5.
EN
1.
Should the exporting Party take within its territory measures to control any cause likely
to constitute a serious hazard or risk to human, animal or plant health, the importing
Party, without prejudice to the provisions of paragraph 2 of this Article, shall take
equivalent measures to prevent the introduction of the hazard or risk into the territory of
the importing Party.
2.
On the basis of serious human, animal or plant health grounds, the importing Party may
take provisional measures necessary for the protection of human, animal or plant health.
For consignments en route between the Parties, the importing Party shall consider the
most suitable and proportionate solution in order to avoid unnecessary disruptions to
trade.
3.
The Party adopting measures under paragraph 2 of this Article, shall inform the other
Party no later than one working day following the date of the adoption of the measures.
Upon request of either Party, and in accordance with the provisions of Article 185(3) of
this Agreement, the Parties shall hold consultations regarding the situation within 15
working days of the notification. The Parties shall take due account of any information
provided through such consultations and shall endeavour to avoid unnecessary
disruption to trade, taking into account, where applicable, the outcome of the
consultations provided for in Article 185(3) of this Agreement.
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Article 191
Sanitary and Phytosanitary Sub-Committee
EN
1.
The SPS Sub-Committee is hereby established. It shall meet within three months, after
the entry into force of this Agreement, upon request of either Party thereafter, or at least
once every year. If agreed by the Parties, a meeting of the SPS Sub-Committee may be
held by video or audio-conference. The SPS Sub-Committee may also address issues out
of session, by correspondence.
2.
(b)
to monitor the implementation of this Chapter and examine all matters which may
arise in relation to its implementation;
(c)
to review the Annexes to this Chapter, notably in the light of progress made under
the consultations and procedures provided for under this Chapter;
(d)
to modify by means of a decision Annexes XVII to XXV in the light of the review
provided for in point (c) of this paragraph, or as otherwise provided in this
Chapter; and
(e)
to give opinions and make recommendations to other bodies as defined in Title VII
(Institutional, General and Final Provisions) of this Agreement in the light of the
review provided for in point (c) of this paragraph.
3.
The Parties agree to establish technical working groups, when appropriate, consisting of
expert-level representatives of the Parties, which shall identify and address technical and
scientific issues arising from the application of this Chapter. When additional expertise
is required, the Parties may establish ad hoc groups, including scientific and expert
groups. Membership of such ad hoc groups need not be restricted to representatives of
the Parties.
4.
The SPS Sub-Committee shall regularly inform by means of a report the Association
Committee in Trade configuration, as set out in Article 438(4) of this Agreement, on its
activities and decisions taken within competence.
5.
The SPS Sub-Committee shall adopt its working procedures at its first meeting.
6.
Any decision, recommendation, report or other action by the SPS Sub-Committee or any
group established by the SPS Sub-Committee shall be adopted by consensus between the
Parties.
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CHAPTER 5
CUSTOMS AND TRADE FACILITATION
Article 192
Objectives
1. The Parties acknowledge the importance of customs and trade facilitation matters in the
evolving bilateral trade environment. The Parties agree to reinforce cooperation in this area with
a view to ensuring that the relevant legislation and procedures, as well as the administrative
capacity of the relevant administrations, fulfil the objectives of effective control and support
facilitation of legitimate trade as a matter of principle.
2. The Parties recognise that utmost importance shall be given to legitimate public policy
objectives including trade facilitation, security and prevention of fraud and a balanced approach
to them.
Article 193
Legislation and procedures
1.
EN
The Parties agree that their respective trade and customs legislation, as a matter of
principle, shall be stable and comprehensive, and that the provisions and the procedures
shall be proportionate, transparent, predictable, non-discriminatory, impartial and
applied uniformly and effectively and shall inter alia:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
apply the international instruments applicable in the field of customs and trade
including those developed by the World Customs Organization (WCO), the
Framework of Standards to Secure and Facilitate Global Trade, the Istanbul
Convention on temporary admission of 1990, the International Convention on the
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take the necessary measures to reflect and implement the provisions of the Revised
Kyoto Convention on the Simplification and Harmonization of Customs
Procedures of 1973;
(j)
provide for advance binding rulings on tariff classification and rules of origin. The
Parties ensure that a ruling may be revoked or annulled only after notification to
the affected operator and without retroactive effect, unless the rulings have been
made on the basis of incorrect or incomplete information;
(k)
(l)
set rules that ensure that any penalties imposed for the breaches of customs
regulations or procedural requirements be proportionate and non-discriminatory
and, that their application, does not result in unwarranted and unjustified delays;
and
EN
take further steps towards the reduction, the simplification and the standardisation
of data and documentation required by customs and other authorities;
(b)
simplify requirements and formalities, wherever possible, with respect to the rapid
release and clearance of goods;
(c)
(d)
take steps to ensure that where a disputed administrative action, ruling or decision
is the subject of an appeal, goods should normally be released and duty payments
may be left pending, subject to any safeguard measures judged necessary. Where
required, the release of the goods should be subject to the provision of a guarantee,
such as a surety or a deposit; and
(e)
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3.
4.
(b)
Provisions on transit
(a)
For the purposes of this Agreement, the transit rules and definitions set out in the
WTO provisions, in particular Article V of GATT 1994, and related provisions,
including any clarifications and amendments resulting from the Doha Round
negotiations on trade facilitation shall apply. These provisions also apply when the
transit of goods begins or ends in the territory of a Party (inland transit).
(b)
(c)
The Parties shall ensure cooperation and coordination between all authorities
concerned in their territories in order to facilitate traffic in transit. Parties shall also
promote cooperation between the authorities and the private sector in relation to
transit.
Article 194
Relations with the business community
EN
(a)
to ensure that their respective legislation and procedures are transparent and publicly
available, as far as possible through electronic means, and contain a justification for their
adoption. There should be a reasonable time period between the publication of new or
amended provisions and their entry into force;
(b)
on the need for timely and regular consultations with trade representatives on legislative
proposals and procedures related to customs and trade issues. To this end, appropriate
and regular consultation mechanisms between the administration and the business
community, shall be established by each Party;
(c)
to make publicly available, as far as possible through electronic means, relevant notices
of administrative nature, including authoritys requirements and entry or exit procedures,
hours of operations and operating procedures for customs offices at ports and border
crossing points, and points of contact for information enquiries;
(d)
(e)
to ensure that their respective customs and customs-related requirements and procedures
continue to meet the legitimate needs of the trading community, follow best practices,
and remain the least trade-restrictive possible.
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Article 195
Fees and charges
1. As of 1 January of the year following the entry into force of this Agreement, the Parties shall
prohibit administrative fees having an equivalent effect to import or export duties and charges.
2. With regard to all fees and charges of whatever character imposed by the customs authorities
of each Party, including fees and charges for tasks undertaken on behalf of the said authorities,
upon or in connection with import or export and without prejudice to the relevant Articles in
Chapter 1 (National Treatment and Market Access for Goods) of Title V (Trade and Traderelated Matters) of this Agreement, the Parties agree that:
(a)
fees and charges may only be imposed for services provided at the request of the
declarant outside normal working conditions, hours of operation and in places other than
those referred to in the customs regulations, as well as for any formality related to such
services and required for undertaking such import or export;
(b)
fees and charges shall not exceed the cost of the service provided;
(c)
(d)
the information on the fees and the charges shall be published via an officially
designated medium, and where feasible and possible, official website. This information
shall include the reason for the fee or the charge for the service provided, the responsible
authority, the fees and the charges that will be applied, and when and how payment is to
be made; and
(e)
new or amended fees and charges shall not be imposed until information on them is
published and made readily available.
Article 196
Customs valuation
1.
The Agreement on the Implementation of Article VII of GATT 1994 contained in Annex
1A to the WTO Agreement, including any subsequent amendments, shall govern the
customs valuation of goods in the trade between the Parties. Its provisions are hereby
incorporated into, and made part of, this Agreement. Minimum customs values shall not
be used.
2.
The Parties shall cooperate with a view to reaching a common approach to issues
relating to customs valuation.
Article 197
Customs cooperation
The Parties shall strengthen cooperation in the area of customs to ensure implementation of the
objectives of this Chapter in order to further trade facilitation, while ensuring effective control,
security and prevention of fraud. To this end, the Parties will use, where appropriate, the
European Commission Customs Blueprints as a benchmarking tool.
In order to ensure compliance with the provisions of this Chapter the Parties shall, inter alia:
EN
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(a)
(b)
develop joint initiatives relating to import, export and transit procedures, as well as work
towards ensuring that an effective service is provided to the business community;
(c)
(d)
(e)
(f)
(g)
(h)
(i)
promote coordination between all border authorities of the Parties to facilitate border
crossing process and enhance control, taking into account joint border controls, where
feasible and appropriate; and
(j)
Without prejudice to other forms of cooperation envisaged in this Agreement, notably in Article
197 of this Agreement, the Parties shall provide each other with mutual administrative assistance
in customs matters in accordance with the provisions of Protocol III on Mutual Administrative
Assistance in Customs Matters to this Agreement.
Article 199
Technical assistance and capacity-building
The Parties shall cooperate with a view to providing technical assistance and capacity-building
for the implementation of trade facilitation and customs reforms.
Article 200
Customs Sub-Committee
1.
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2.
The function of the Sub-Committee shall include regular consultations and monitoring
of the implementation and the administration of this Chapter, including the issues of
customs cooperation, cross-border customs cooperation and management, technical
assistance, rules of origin, trade facilitation, as well as mutual administrative assistance
in customs matters.
3.
see to the proper functioning of this Chapter and of Protocols II and III to this
Agreement;
(b)
(c)
exchange views on any points of common interest, including future measures and
the resources needed for their implementation and application;
(d)
(e)
Gradual approximation to the Unions customs law and certain international law shall be carried
out as set out in Annex XXVI to this Agreement.
EN
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CHAPTER 6
ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE
Section 1
General Provisions
Article 202
Objective, scope and coverage
1.
The Parties, reaffirming their respective commitments under the WTO Agreement
hereby lay down the necessary arrangements for the progressive reciprocal liberalisation
of establishment and trade in services and for cooperation on electronic commerce.
2.
3.
4.
Consistent with the provisions of this Chapter, each Party retains the right to regulate
and to introduce new regulations to meet legitimate policy objectives
5.
This Chapter shall not apply to measures affecting natural persons seeking access to the
employment market of a Party, nor shall it apply to measures regarding citizenship,
residence or employment on a permanent basis.
6.
Nothing in this Chapter shall prevent a Party from applying measures to regulate the
entry of natural persons into, or their temporary stay in, its territory, including those
measures necessary to protect the integrity of, and to ensure the orderly movement of
natural persons across its borders, provided that such measures are not applied in such a
manner as to nullify or impair the benefits accruing to any Party under the terms of a
specific commitment in this Chapter and its Annexes2.
Article 203
Definitions
EN
The sole fact of requiring a visa for natural persons of certain countries and not for those of others shall not
be regarded as nullifying or impairing benefits under a specific commitment.
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(a)
(b)
EN
as regards juridical persons of the Union or of the Republic of Moldova, the right
to take up and pursue economic activities by means of setting up, including the
acquisition of, a juridical person and/or create a branch or a representative office in
the Republic of Moldova or in the Union respectively;
For greater certainty, territory shall include the exclusive economic zone and continental shelf, as provided
in the UN Convention on the Law of the Sea (UNCLOS).
A juridical person is controlled by another juridical person if the latter has the power to name a majority of
its directors or otherwise to legally direct its actions.
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(b)
as regards natural persons, the right of natural persons of the Union or of the
Republic of Moldova to take up and pursue economic activities as self-employed
persons, and to set up undertakings, in particular companies, which they
effectively control.
10. economic activities shall include activities of an industrial, commercial and professional
character and activities of craftsmen and do not include activities performed in the exercise
of governmental authority;
11. operations shall mean the pursuit of economic activities;
12. services includes any service in any sector except services supplied in the exercise of
governmental authority;
13. services and other activities performed in the exercise of governmental authority are
services or activities which are performed neither on a commercial basis nor in competition
with one or more economic operators;
14. cross-border supply of services means the supply of a service:
(a)
from the territory of a Party into the territory of the other Party
(b)
15. service supplier of a Party means any natural or juridical person of a Party that seeks to
supply or supplies a service;
16. entrepreneur means any natural or juridical person of a Party that seeks to perform or
performs an economic activity through setting up an establishment.
Section 2
Establishment
Article 204
Scope
This Section applies to measures adopted or maintained by the Parties affecting establishment in
all economic activities with the exception of:
EN
(a)
(b)
(c)
audio-visual services;
(d)
For greater certainty, processing of nuclear materials includes all the activities contained in UN ISIC
Rev.3.1 code 2330.
Without prejudice to the scope of activities which may be considered as cabotage under the relevant
domestic legislation, national maritime cabotage under this chapter covers transportation of passengers or
goods between a port or point located in the Republic of Moldova or a Member State of the EU and another
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(e)
domestic and international air transport services7, whether scheduled or nonscheduled, and services directly related to the exercise of traffic rights, other than:
(i)
(ii)
1.
2.
EN
(b)
Subject to reservations listed in Annex XXVII-A to this Agreement, the Union shall
grant, upon entry into force of this Agreement:
(a)
(b)
port or point located in the Republic of Moldova or Member State of the EU, including on its continental
shelf, as provided in the UNCLOS and traffic originating and terminating in the same port or point located
in the Republic of Moldova or Member State of the EU.
The conditions of mutual market access in air transport shall be dealt with by the Agreement between the
EU and its Member States and the Republic of Moldova on the establishment of a Common Aviation Area.
This obligation does not extend to the investment protection provisions not covered by this Chapter
including provisions relating to investor-state dispute settlement procedures, as found in other agreements.
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offices; or to any juridical persons, branches and representative offices of any third
country juridical persons, whichever is the better.9
3.
Subject to reservations listed in Annex XXVII-A and XXVII-E and to this Agreement,
the Parties shall not adopt any new regulations or measures which introduce
discrimination as regards the establishment of juridical persons of the Union or of the
Republic of Moldova on their territory or in respect of their operation, once established,
by comparison with their own juridical persons.
Article 206
Review
1.
With a view to progressively liberalising the establishment conditions, the Parties shall
regularly review the establishment legal framework10 and the establishment
environment, consistent with their commitments in international agreements.
2.
In the context of the review referred to in paragraph 1, the Parties shall assess any
obstacles to establishment that have been encountered. With a view to deepening the
provisions of this Chapter, the Parties shall find appropriate ways to address such
obstacles, which could include further negotiations, including with respect to investment
protection and to investor-to-state dispute settlement procedures.
Article 207
Other agreements
Nothing in this Chapter shall be taken to limit the rights of entrepreneurs of the Parties to benefit
from any more favourable treatment provided for in any existing or future international
agreement relating to investment to which a Member State of the EU and the Republic of
Moldova are parties.
Article 208
Standard of treatment for branches and representative offices
1.
The provisions of Article 205 of this Agreement do not preclude the application by a
Party of particular rules concerning the establishment and operation in its territory of
branches and representative offices of juridical persons of another Party not incorporated
in the territory of the first Party, which are justified by legal or technical differences
between such branches and representative offices as compared to branches and
representative offices of companies incorporated in its territory or, as regards financial
services, for prudential reasons.
2.
The difference in treatment shall not go beyond what is strictly necessary as a result of
such legal or technical differences or, as regards financial services, for prudential
reasons.
10
EN
This obligation does not extend to the investment protection provisions not covered by this Chapter
including provisions relating to investor-state dispute settlement procedures, as found in other agreements.
This includes this Chapter and Annexes XXVII-A and XXVII-E to this Agreement.
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Section 3
Cross Border Supply of Services
Article 209
Scope
This Section applies to measures of the Parties affecting the cross border supply of all services
sectors with the exception of:
(a)
audio-visual services;
(b)
(c)
domestic and international air transport services12, whether scheduled or nonscheduled, and services directly related to the exercise of traffic rights other than:
(i)
(ii)
1.
With respect to market access through the cross-border supply of services, each Party
shall accord services and service suppliers of the other Party a treatment not less
favourable than that provided for in the specific commitments contained in Annexes
XXVII-B and XXVII-F to this Agreement.
2.
In sectors where market access commitments are undertaken, the measures which a
Party shall not maintain or adopt either on the basis of a regional subdivision or on the
basis of its entire territory, unless otherwise specified in Annexes XXVII-B and XXVIIF to this Agreement, are defined as:
(a)
11
12
EN
Without prejudice to the scope of activities which may be considered as cabotage under the relevant
domestic legislation, national maritime cabotage under this Chapter covers transportation of passengers or
goods between a port or point located in the Republic of Moldova or a Member State of the EU and another
port or point located in the Republic of Moldova or Member State of the EU, including on its continental
shelf, as provided in the UNCLOS and traffic originating and terminating in the same port or point located
in the Republic of Moldova or Member State of the EU.
The conditions of mutual market access in air transport shall be dealt with by the Agreement between the
EU and its Member States and the Republic of Moldova on the establishment of a Common Aviation Area.
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EN
(b)
(c)
1.
In the sectors where market access commitments are inscribed in Annexes XXVII-B and
XXVII-F to this Agreement, and subject to any conditions and qualifications set out
therein, each Party shall grant to services and service suppliers of the other Party, in
respect of all measures affecting the cross-border supply of services, treatment no less
favourable than that it accords to its own like services and services suppliers.
2.
A Party may meet the requirement of paragraph 1 by according to services and service
suppliers of the other Party either formally identical treatment or formally different
treatment to that it accords to its own like services and service suppliers.
3.
4.
Specific commitments assumed under this Article shall not be construed to require any
Party to compensate for inherent competitive disadvantages which result from the
foreign character of the relevant services or services suppliers.
Article 212
Lists of commitments
1.
The sectors liberalised by each of the Parties pursuant to this Section and, by means of
reservations, the market access and national treatment limitations applicable to services
and services suppliers of the other Party in those sectors are set out in lists of
commitments included in Annexes XXVII-B and XXVII-F to this Agreement.
2.
Without prejudice to Parties' rights and obligations as they exist or may arise under the
Council of Europe Conventions on Transfrontier Television and European Convention
on Cinematographic Co-Production, lists of commitments in Annexes XXVII-B and
XXVII-F to this Agreement do not include commitments on audio-visual services.
Article 213
Review
With a view to the progressive liberalisation of the cross-border supply of services between the
Parties, the Association Committee in Trade configuration, as set out in Article 438(4) of this
Agreement, shall regularly review the list of commitments referred to in Article 212 of this
Agreement. This review shall take into account inter alia the process of gradual approximation,
referred to in Articles 230, 240, 249 and 253 of this Agreement and its impact on the elimination
of remaining obstacles to cross-border supply of services between the Parties.
EN
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Section 4
Temporary Presence of Natural Persons for Business Purposes
Article 214
Scope and definitions
1.
This Section applies to measures of the Parties concerning the entry and temporary stay
in their territories of key personnel, graduate trainees and business sellers, contractual
service suppliers and independent professionals, without prejudice to Article 202(5) of
this Agreement.
2.
"Key personnel" means natural persons employed within a juridical person of one
Party other than a non-profit organisation13 and who are responsible for the
setting-up or the proper control, administration and operation of an establishment.
"Key personnel" comprise "business visitors" for establishment purposes and
"intra-corporate transferees".
(i)
(ii)
(2)
13
EN
The reference to other than a non-profit organization only applies for AT, BE, CY, CZ, DE, DK, EE, EL,
ES, FI, FR, IE, IT, LT, LU, LV, MT, NL, PT, SI, UK.
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EN
14
15
16
17
EN
(b)
"Graduate trainees" means natural persons who have been employed by a juridical
person of one Party or its branch for at least one year, possess a university degree
and are temporarily transferred to an establishment of the juridical person in the
territory of the other Party, for career development purposes or to obtain training
in business techniques or methods14.
(c)
(d)
(e)
(f)
The recipient establishment may be required to submit a training programme covering the duration of the
stay for prior approval, demonstrating that the purpose of the stay is for training. For AT, CZ, DE, FR, ES
and HU, training must be linked to the university degree which has been obtained.
UK: The category of business sellers is only recognised for services sellers.
The service contract referred to under d) and e) shall comply with the requirements of the laws, and
regulations and requirements of the Party where the contract is executed.
The service contract referred to under d) and e) shall comply with the requirements of the laws, and
regulations and requirements of the Party where the contract is executed.
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EN
Article 215
Key personnel and graduate trainees
1.
For every sector committed in accordance with Section 2 (Establishment) of this Chapter
and subject to any reservations listed in Annexes XXVII-A and XXVII-E to this
Agreement or in Annexes XXVII-C and XXVII-G to this Agreement, each Party shall
allow entrepreneurs of the other Party to employ in their establishment natural persons of
that other Party provided that such employees are key personnel or graduate trainees as
defined in Article 214 of this Agreement. The temporary entry and temporary stay of key
personnel and graduate trainees shall be for a period of up to three years for intracorporate transferees, ninety days in any twelve month period for business visitors for
establishment purposes, and one year for graduate trainees.
2.
For every sector committed in accordance with Section 2 of this Chapter, the measures
which a Party shall not maintain or adopt either on the basis of a regional subdivision or
on the basis of its entire territory, unless otherwise specified in Annexes XXVII-C and
XXVII-G to this Agreement, are defined as limitations on the total number of natural
persons that an entrepreneur may employ as key personnel and graduate trainees in a
specific sector in the form of numerical quotas or a requirement of an economic needs test
and as discriminatory limitations.
Article 216
Business sellers
For every sector committed in accordance with Section 2 (Establishment) or Section 3 (Crossborder supply of services) of this Chapter and subject to any reservations listed in Annexes
XXVII-A and XXVII-E, and XXVII-B and XXVII-F to this Agreement, each Party shall allow
the entry and temporary stay of business sellers for a period of up to ninety days in any twelve
month period.
Article 217
Contractual service suppliers
1.
The Parties reaffirm their respective obligations arising from their commitments under
the General Agreement on Trade in Services (GATS) as regards the entry and temporary
stay of contractual services suppliers.
In accordance with Annexes XXVII-D and XXVII-H to this Agreement, each Party shall
allow the supply of services into their territory by contractual services suppliers of the
other Party, subject to the conditions specified in paragraph 3.
2.
EN
The commitments undertaken by the Parties are subject to the following conditions:
(a)
(b)
The natural persons entering the other Party should be offering such services as
employees of the juridical person supplying the services for at least the year
immediately preceding the date of submission of an application for entry into the
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EN
other Party. In addition, the natural persons must possess, at the date of submission
of an application for entry into the other Party, at least three years professional
experience18 in the sector of activity which is the subject of the contract.
(c)
(ii)
(d)
The natural person shall not receive remuneration for the provision of services in
the territory of the other Party other than the remuneration paid by the juridical
person employing the natural person.
(e)
The entry and temporary stay of natural persons within the Party concerned shall
be for a cumulative period of not more than six months or, in the case of
Luxembourg, twenty-five weeks in any twelve month period or for the duration of
the contract, whichever is less.
(f)
Access accorded under the provisions of this Article relates only to the service
activity which is the subject of the contract and does not confer entitlement to
exercise the professional title of the Party where the service is provided.
(g)
The number of persons covered by the service contract shall not be larger than
necessary to fulfil the contract, as it may be requested by the laws, regulations or
other legal requirements of the Party where the service is supplied.
Article 218
Independent professionals
1.
In accordance with Annexes XXVII-D and XXVII-H to this Agreement, the Parties shall
allow the supply of services into their territory by independent professionals of the other
Party, subject to the conditions specified in paragraph 2.
2.
The commitments undertaken by the Parties are subject to the following conditions:
18
19
EN
(a)
(b)
The natural persons entering the other Party must possess, at the date of
submission of an application for entry into the other Party, at least six years
professional experience in the sector of activity which is the subject of the
contract.
(c)
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(i)
(ii)
(d)
The entry and temporary stay of natural persons within the Party concerned shall
be for a cumulative period of not more than six months or, in the case of
Luxembourg, twenty-five weeks in any twelve month period or for the duration of
the contract, whichever is less.
(e)
Access accorded under the provisions of this Article relates only to the service
activity which is the subject of the contract; it does not confer entitlement to
exercise the professional title of the Party where the service is provided.
Section 5
Regulatory Framework
Sub-Section 1
Domestic Regulation
Article 219
Scope and Definitions
1.
(a)
(b)
(c)
2.
In the case of cross-border supply of services, these disciplines shall only apply to
sectors for which the Party has undertaken specific commitments and to the extent that
these specific commitments apply. In the case of establishment, these disciplines shall
not apply to sectors to the extent that a reservation is listed in accordance with Annexes
XXVII-A and XXVII-E to this Agreement. In the case of temporary stay of natural
persons, these disciplines shall not apply to sectors to the extent that a reservation is
listed in accordance with Annexes XXVII-C and XXVII-D and XXVII-G and XXVII-H
to this Agreement.
3.
These disciplines do not apply to measures to the extent that they constitute limitations
subject to scheduling.
20
EN
Where the degree or qualification has not been obtained in the Party where the service is supplied, that Party
may evaluate whether this is equivalent to a university degree required in its territory.
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EN
4.
(b)
(c)
(d)
(e)
EN
1.
Each Party shall ensure that measures relating to licencing requirements and procedures,
qualification requirements and procedures are based on criteria which preclude the
competent authorities from exercising their power of assessment in an arbitrary manner.
2.
(b)
(c)
objective;
(d)
pre-established;
(e)
(f)
3.
4.
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EN
of natural persons for business purposes. Where such procedures are not independent of
the agency entrusted with the administrative decision concerned, each Party shall ensure
that the procedures in fact provide for an objective and impartial review.
5.
Where the number of licences available for a given activity is limited because of the
scarcity of available natural resources or technical capacity, each Party shall apply a
selection procedure to potential candidates which provides full guarantees of impartiality
and transparency, including, in particular, adequate publicity about the launch, conduct
and completion of the procedure.
6.
Subject to the provisions specified by this Article, in establishing the rules for the
selection procedure, each Party may take into account public policy objectives, including
considerations of health, safety, the protection of the environment and the preservation
of cultural heritage.
Article 221
Licencing and qualification procedures
EN
Licencing and qualification procedures and formalities shall be clear, made public in
advance and be such as to provide the applicants with a guarantee that their application
will be dealt with objectively and impartially.
2.
Licencing and qualification procedures and formalities shall be as simple as possible and
shall not unduly complicate or delay the provision of the service. Any licencing fees21
which the applicants may incur from their application should be reasonable and
proportionate to the cost of the authorisation procedures in question.
3.
Each party shall ensure that the procedures used by, and the decisions of, the competent
authority in the licencing or authorisation process are impartial with respect to all
applicants. The competent authority should reach its decision in an independent manner
and not be accountable to any supplier of the services for which the licence or
authorisation is required.
4.
Where specific time periods for applications exist, an applicant shall be allowed a
reasonable period for the submission of an application. The competent authority shall
initiate the processing of an application without undue delay. Where possible,
applications should be accepted in electronic format under the same conditions of
authenticity as paper submissions.
5.
Each Party shall ensure that the processing of an application, including reaching a final
decision, is completed within a reasonable timeframe from the submission of a complete
application. Each Party shall endeavour to establish the normal timeframe for processing
of an application.
The competent authority shall, within a reasonable period of time after receipt of an
application which it considers incomplete, inform the applicant, to the extent feasible
identify the additional information required to complete the application, and provide the
opportunity to correct deficiencies.
21
Licencing fees do not include payments for auction, tendering or other non-discriminatory means of
awarding concessions, or mandated contributions to universal service provision.
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EN
8.
9.
Each Party shall ensure that a licence or an authorisation, once granted, enters into effect
without undue delay in accordance with the terms and conditions specified therein.
Sub-Section 2
Provisions of General Application
Article 222
Mutual recognition
1.
Nothing in this Chapter shall prevent a Party from requiring that natural persons must
possess the necessary qualifications and/or professional experience specified in the
territory where the service is supplied, for the sector of activity concerned.
2.
Each Party shall encourage the relevant professional bodies to provide recommendations
on mutual recognition to the Association Committee in Trade configuration, as set out in
Article 438(4) of this Agreement, for the purpose of the fulfilment, in whole or in part,
by entrepreneurs and service suppliers of the criteria applied by each Party for the
authorisation, licensing, operation and certification of entrepreneurs and service
suppliers and, in particular, professional services.
3.
EN
4.
Any such agreement shall be in conformity with the relevant provisions of the WTO
Agreement and, in particular, Article VII of GATS.
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EN
Article 223
Transparency and disclosure of confidential information
1.
Each Party shall respond promptly to all requests by the other Party for specific
information on any of its measures of general application or international agreements
which pertain to or affect this Agreement. Each Party shall also establish one or more
enquiry points to provide specific information to entrepreneurs and services suppliers of
the other Party, upon request, on all such matters. The Parties shall notify each other
enquiry points within three months after entry into force of this Agreement. Enquiry
points need not be depositories of laws and regulations.
2.
Nothing in this Agreement shall require any Party to provide confidential information,
the disclosure of which would impede law enforcement, or otherwise be contrary to the
public interest, or which would prejudice legitimate commercial interests of particular
enterprises, public or private.
Sub-Section 3
Computer Services
Article 224
Understanding on computer services
1.
To the extent that trade in computer services is liberalised in accordance with Sections 2
(Establishment), 3 (Cross-border supply of services) and 4 (Temporary presence of
natural persons for business purposes) of this Chapter, the Parties shall comply with the
following paragraphs.
2.
CPC22 84, the UN code used for describing computer and related services, covers the
basic functions used to provide all computer and related services: computer programmes
defined as the sets of instructions required to make computers work and communicate
(including their development and implementation), data processing and storage, and
related services, such as consultancy and training services for staff of clients.
Technological developments have led to the increased offering of these services as a
bundle or package of related services that can include some or all of these basic
functions. For example, services such as web or domain hosting, data mining services
and grid computing each consist of a combination of basic computer services functions.
3.
Computer and related services, regardless of whether they are delivered via a network,
including the Internet, include all services that provide:
(a)
22
EN
CPC means the Central Products Classification as set out in Statistical Office of the UN, Statistical Papers,
Series M, N 77, CPC prov, 1991.
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EN
4.
(b)
(c)
maintenance and repair services for office machinery and equipment, including
computers; or,
Computer and related services enable the provision of other services (e.g., banking) by
both electronic and other means. However, there is an important distinction between the
enabling service (e.g., web-hosting or application hosting) and the content or core
service that is being delivered electronically (e.g., banking). In such cases, the content or
core service is not covered by CPC 84.
Sub-Section 4
Postal and Courier Services
Article 225
Scope and definitions
1.
This Sub-Section sets out the principles of the regulatory framework for all postal and
courier service liberalised in accordance with Sections 2 (Establishment), 3 (Crossborder supply of services) and 4 (Temporary presence of natural persons for business
purposes) of this Chapter.
2.
(b)
EN
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EN
Article 227
Universal service
Each Party has the right to define the kind of universal service obligation it wishes to maintain.
Such obligations will not be regarded as anti-competitive per se, provided they are administered
in a transparent, non-discriminatory and competitively neutral manner and are not more
burdensome than necessary for the kind of universal service defined by the Party.
Article 228
Licences
1
A licence may only be required for services which are within the scope of the universal
service.
2.
3.
(a)
all the licensing criteria and the period of time normally required to reach a
decision concerning an application for a licence; and
(b)
The reasons for the denial of a licence shall be made known to the applicant upon
request and an appeal procedure through an independent body will be established by
each Party. Such a procedure will be transparent, non-discriminatory, and based on
objective criteria.
Article 229
Independence of the regulatory body
The regulatory body shall be legally separate from, and not accountable to any supplier of postal
and courier services. The decisions of and the procedures used by the regulatory body shall be
impartial with respect to all market participants.
Article 230
Gradual approximation
Each Party recognises the importance of the gradual approximation of the Republic of Moldova's
existing and future legislation to the list of the Union acquis included in Annex XXVIII-C to this
Agreement.
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Sub-Section 5
Electronic Communication Networks and Services
Article 231
Scope and definitions
EN
This Sub-Section sets out the principles of the regulatory framework for all electronic
communication services liberalised pursuant to Sections 2 (Establishment), 3 (Crossborder supply of services), and 4 (Temporary presence of natural persons for business
purposes) of this Chapter.
2.
(b)
(c)
(d)
(e)
a services supplier shall be deemed to have "significant market power" if, either
individually or jointly with others, it enjoys a position equivalent to dominance,
that is to say a position of economic strength affording it the power to behave to an
appreciable extent independently of competitors, customers and ultimately
consumers;
(f)
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"universal service" means the set of services of specified quality that is made
available to all users in the territory of a Party regardless of their geographical
location and at an affordable price; its scope and implementation are decided by
each Party;
(h)
(i)
(j)
"local loop" means the physical circuit connecting the network termination point at
the subscriber's premises to the main distribution frame or equivalent facility in the
fixed public communication network.
Article 232
Regulatory authority
EN
1.
Each Party shall ensure that regulatory authorities for electronic communication services
shall be legally distinct and functionally independent from any supplier of electronic
communication services. If a Party retains ownership or control of a supplier providing
electronic communication networks or services, such Party shall ensure the effective
structural separation of the regulatory function from activities associated with ownership
or control.
2.
Each Party shall ensure that the regulatory authority shall be sufficiently empowered to
regulate the sector. The tasks to be undertaken by a regulatory authority shall be made
public in an easily accessible and clear form, in particular where those tasks are assigned
to more than one body.
3.
Each Party shall ensure that the decisions of and the procedures used by the regulatory
authorities are impartial with respect to all market participants and transparent.
4.
The regulatory authority shall have the power to carry out an analysis of relevant
product and service markets susceptible to an ex ante regulation. Where the regulatory
authority is required to determine under Article 234 of this Agreement whether to
impose, maintain, amend or withdraw obligations it shall determine on the basis of a
market analysis whether the relevant market is effectively competitive.
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5.
Where the regulatory authority determines that a relevant market is not effectively
competitive, it shall identify and designate services suppliers with significant market
power on that market and shall impose, maintain or amend specific regulatory
obligations referred to Article 234 of this Agreement as it is appropriate. Where the
regulatory authority concludes that the market is effectively competitive it shall not
impose or maintain any of the regulatory obligations referred to in Article 234 of this
Agreement.
6.
Each Party shall ensure that a services supplier affected by the decision of a regulatory
authority shall have a right to appeal against that decision to an appeal body that is
independent of the parties involved in the decision. Each Party shall ensure that the
merits of the case are duly taken into account. Pending the outcome of any such appeal,
the decision of the regulator shall stand, unless the appeal body decides otherwise.
Where the appeal body is not judicial in character, written reasons for its decision shall
always be given and its decisions shall also be subject to review by an impartial and
independent judicial authority. Decisions taken by appeal bodies shall be effectively
enforced.
7.
Each Party shall ensure that where the regulatory authorities intend to take measures
related to any of the provisions of this Sub-Section and which have a significant impact
to the relevant market, they give the interested parties the opportunity to comment on the
draft measure within a reasonable period of time. Regulators shall publish their
consultation procedures. The results of the consultation procedure shall be made
publicly available except in the case of confidential information.
8.
Each Party shall ensure that suppliers providing electronic communication networks and
services provide all the information, including financial information, necessary for
regulatory authorities to ensure conformity with the provisions of this Sub-Section or
decisions made in accordance with this Sub-Section. These suppliers shall provide such
information promptly on request and to the timescales and level of detail required by the
regulatory authority. The information requested by the regulatory authority shall be
proportionate to the performance of that task. The regulatory authority shall give the
reasons justifying its request for information.
Article 233
Authorisation to provide electronic communication services
EN
1.
Each Party shall ensure that the provision of services shall, as much as possible, be
authorised following mere notification.
2.
Each Party shall ensure that a licence can be required to address issues of attributions of
numbers and frequencies. The terms and conditions for such licences shall be made
publicly available.
3.
all the licensing criteria and a reasonable period of time normally required to reach
a decision concerning an application for a licence shall be made publicly available;
(b)
the reasons for the denial of a licence shall be made known in writing to the
applicant upon request;
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(c)
the applicant of a licence shall be able to seek recourse before an appeal body in
case that a licence is unduly denied;
(d)
licence fees23 required by any Party for granting a licence shall not exceed the
administrative costs normally incurred in the management, control and
enforcement of the applicable licences. Licence fees for the use of radio spectrum
and numbering resources are not subject to the requirements of this paragraph.
Article 234
Access and interconnection
1.
Each Party shall ensure that any services suppliers authorised to provide electronic
communication services shall have the right and obligation to negotiate access and
interconnection with suppliers of publicly available electronic communication networks
and services. Access and interconnection should in principle be agreed on the basis of
commercial negotiation between the services suppliers concerned.
2.
Each Party shall ensure that services suppliers that acquire information from another
supplier during the process of negotiating interconnection arrangements use that
information solely for the purpose for which it was supplied and respect at all times the
confidentiality of information transmitted or stored.
3.
Each Party shall ensure that upon the finding in accordance with Article 232 of this
Agreement that a relevant market is not effectively competitive, the regulatory authority
shall have the power to impose on the supplier designated as having significant market
power one or more of the following obligations in relation to interconnection and/or
access:
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(a)
(b)
(c)
obligations to meet reasonable requests for access to, and use of, specific network
elements and associated facilities including unbundled access to the local loop
inter alia, in situations where the regulatory authority considers that denial of
access or unreasonable terms and conditions having a similar effect would hinder
the emergence of a sustainable competitive market at the retail level, or would not
be in the end user's interest.
(d)
Licensing fees do not include payments for auction, tendering or other non-discriminatory means of
awarding concessions, or mandated contributions to universal service provision.
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obligations relating to cost recovery and price controls, including obligations for
cost orientation of prices and obligations concerning cost accounting systems, for
the provision of specific types of interconnection and/or access, in situations where
a market analysis indicates that a lack of effective competition means that the
operator concerned might sustain prices at an excessively high level, or apply a
price squeeze, to the detriment of end-users.
Regulatory authorities shall take into account the investment made by the operator
and allow him a reasonable rate of return on adequate capital employed, taking
into account the risks involved.
4.
EN
(f)
(g)
Each Party shall ensure that a service supplier requesting interconnection with a supplier
designated as having significant market power shall have recourse, either at any time or
after a reasonable period of time which has been made publicly known, to an
independent domestic body, which may be a regulatory body as referred to in Article
231(2)(d) of this Agreement to resolve disputes regarding terms and conditions for
interconnection and/or access.
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Article 235
Scarce resources
1.
Each Party shall ensure that any procedures for the allocation and use of scarce
resources, including frequencies, numbers and rights of way, shall be carried out in an
objective, proportionate, timely, transparent and non-discriminatory manner. The current
state of allocated frequency bands shall be made publicly available, but detailed
identification of frequencies allocated for specific government uses is not required.
2.
Each Party shall ensure the effective management of radio frequencies for electronic
communication services in their territory with a view to ensure effective and efficient
use of the spectrum. Where demand for specific frequencies exceeds their availability,
appropriate and transparent procedures shall be followed for the assignment of these
frequencies in order to optimise their use and facilitate the development of competition.
3.
Each Party shall ensure that the assignment of national numbering resources and the
management of the national numbering plans are entrusted to the regulatory authority.
4.
1.
Each Party has the right to define the kind of universal service obligations it wishes to
maintain.
2.
Such obligations will not be regarded as anti-competitive per se, provided they are
administered in a transparent, objective and non-discriminatory way. The administration
of such obligations shall also be neutral with respect to competition and be not more
burdensome than necessary for the kind of universal service defined by the Party.
3.
Each Party shall ensure that all suppliers should be eligible to ensure universal service
and no services supplier shall be a priori excluded. The designation shall be made
through an efficient, transparent, objective and non-discriminatory mechanism. Where
necessary, each Party shall assess whether the provision of universal service represents
an unfair burden on organisations(s) designated to provide universal service. Where
justified on the basis of such calculation, and taking into account the market benefit if
any which accrues to an organisation that offers universal service, regulatory authorities
shall determine whether a mechanism is required to compensate the services supplier(s)
concerned or to share the net cost of universal service obligations.
4.
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(b)
organisations that provide the services referred to in paragraphs (a) apply the
principle of non-discrimination to the treatment of information that has been
provided to them by other organisations.
Article 237
Cross-border provision of electronic communication services
Neither Party may require a service supplier of the other Party to set up an establishment, to
establish any form of presence, or to be resident, in its territory as a condition for the cross-border
supply of a service.
Article 238
Confidentiality of information
Each Party shall ensure the confidentiality of electronic communications and related traffic data
by means of a public communication network and publicly available electronic communication
services without restricting trade in services.
Article 239
Disputes between services suppliers
1.
Each Party shall ensure that in the event of a dispute arising between suppliers of
electronic communications networks or services in connection with rights and
obligations referred to in this Chapter, the regulatory authority concerned shall, at the
request of either party, issue a binding decision to resolve the dispute in the shortest
possible timeframe and in any case within four months.
2.
The decision of the regulatory authority shall be made available to the public, having
regard to the requirements of business confidentiality. The service suppliers concerned
shall be given a full statement of the reasons on which it is based.
3.
When such a dispute concerns the cross-border provision of services, the regulatory
authorities concerned shall co-ordinate their efforts in order to bring about a resolution
of the dispute.
Article 240
Gradual approximation
Each Party recognises the importance of the gradual approximation of the Republic of Moldova's
existing and future legislation to the list of the Union acquis included in Annex XXVIII-B to this
Agreement.
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Sub-Section 6
Financial Services
Article 241
Scope and definition
1
This section sets out the principles of the regulatory framework for all financial services
liberalised pursuant to Sections 2 (Establishment), 3 (Cross-border supply of services)
and 4 (Temporary presence of natural persons for business purposes) of this Chapter.
2.
(ii)
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(d) exchange rate and interest rate instruments, including products such
as swaps, forward rate agreements;
(e) transferable securities;
(f) other negotiable instruments and financial assets, including bullion;
(7) participation in issues of all kinds of securities, including underwriting
and placement as agent (whether publicly or privately) and provision of
services related to such issues;
(8) money broking;
(9) asset management, such as cash or portfolio management, all forms of
collective investment management, pension fund management, custodial,
depository and trust services;
(10) settlement and clearing services for financial assets, including
securities, derivative products, and other negotiable instruments;
(11) provision and transfer of financial information, and financial data
processing and related software;
(12) advisory, intermediation and other auxiliary financial services on all the
activities listed in sub-paragraphs (1) through (11), including credit
reference and analysis, investment and portfolio research and advice, advice
on acquisitions and on corporate restructuring and strategy.
(b) "financial service supplier" means any natural or juridical person of a Party that
seeks to provide or provides financial services. The term financial service supplier
does not include a public entity.
(c) "public entity" means:
(i)
(ii)
(d) "new financial service" means a service of a financial nature, including services
related to existing and new products or the manner in which a product is delivered,
that is not supplied by any financial service supplier in the territory of a Party but
which is supplied in the territory of the other Party.
Article 242
Prudential carve-out
1.
Each Party may adopt or maintain measures for prudential reasons, such as:
(a)
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(b)
2.
These measures shall not be more burdensome than necessary to achieve their aim, and
shall not discriminate against financial service suppliers of the other Party in comparison
to its own like financial service suppliers.
3.
1.
2.
Each Party shall make its best endeavours to provide in advance to all interested persons
any measure of general application that the Party proposes to adopt in order to allow an
opportunity for such persons to comment on the measure. Such measure shall be
provided:
(a)
(b)
Each Party shall make available to interested persons its requirements for completing
applications relating to the supply of financial services.
On the request of an applicant, the concerned Party shall inform the applicant of the status
of its application. If the concerned Party requires additional information from the
applicant, it shall notify the applicant without undue delay.
3.
Each Party shall make its best endeavours to ensure that internationally agreed standards
for regulation and supervision in the financial services sector and for the fight against tax
evasion and avoidance are implemented and applied in its territory. Such internationally
agreed standards are, inter alia, the Basel Committee's "Core Principle for Effective
Banking Supervision", the International Association of Insurance Supervisors' "Insurance
Core Principles", the International Organisation of Securities Commissions' "Objectives
and Principles of Securities Regulation", the OECD's "Agreement on exchange of
information on tax matters", the G20 "Statement on Transparency and exchange of
information for tax purposes" and the Financial Action Task Force's "Forty
Recommendations on Money Laundering" and "Nine Special recommendations on
Terrorist Financing".
The Parties also take note of the "Ten Key Principles for Information Exchange"
promulgated by the Finance Ministers of the G7 Nations, and will take all steps necessary
to try to apply them in their bilateral contacts.
Article 244
New financial services
Each Party shall permit a financial service supplier of the other Party to provide any new
financial service of a type similar to those services that the Party would permit its own financial
service suppliers to provide under its domestic law in like circumstances. A Party may determine
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EN
the juridical form through which the service may be provided and may require authorisation for
the provision of the service. Where such authorisation is required, a decision shall be made within
a reasonable time and the authorisation may only be refused for prudential reasons.
Article 245
Data processing
1.
Each Party shall permit a financial service supplier of the other Party to transfer
information in electronic or other form, into and out of its territory, for data processing
where such processing is required in the ordinary course of business of such financial
service supplier.
2.
Each Party shall adopt adequate safeguards for the protection of privacy and
fundamental rights, and freedom of individuals, in particular with regard to the transfer
of personal data.
Article 246
Specific exceptions
1.
Nothing in this Chapter shall be construed to prevent a Party, including its public
entities, from exclusively conducting or providing in its territory activities or services
forming part of a public retirement plan or statutory system of social security, except
when those activities may be carried out, as provided by the Party's domestic regulation,
by financial service suppliers in competition with public entities or private institutions.
2.
3.
Nothing in this Chapter shall be construed to prevent a Party, including its public
entities, from exclusively conducting or providing in its territory activities or services for
the account or with the guarantee or using the financial resources of the Party, or its
public entities.
Article 247
Self-regulatory organisations
When a Party requires membership or participation in, or access to, any self-regulatory body,
securities or futures exchange or market, clearing agency, or any other organization or
association, in order for financial service suppliers of the other Party to supply financial services
on an equal basis with financial service suppliers of the Party, or when the Party provides directly
or indirectly such entities, privileges or advantages in supplying financial services, the Party shall
ensure observance of the obligations of Article 205(1) and Article 211 of this Agreement.
Article 248
Clearing and payment systems
Under the terms and conditions that accord national treatment, each Party shall grant to financial
service suppliers of the other Party established in its territory access to payment and clearing
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systems operated by public entities, and to official funding and refinancing facilities available in
the normal course of ordinary business. This Article is not intended to confer access to the Party's
lender of last resort facilities.
Article 249
Gradual approximation
Each Party recognises the importance of the gradual approximation of the Republic of Moldova's
existing and future legislation to the international best practice standards listed under Article
243(3) of this Agreement as well as to the list of the Union acquis included in Annex XXVIII-A
to this Agreement.
Sub-Section 7
Transport Services
Article 250
Scope
This Section sets out the principles regarding the liberalisation of international transport services
pursuant to Sections 2 (Establishment), 3 (Cross-border supply of services) and 4 (Temporary
presence of natural persons for business purposes) of this Chapter.
Article 251
International maritime transport
1.
(b)
(ii)
(iii)
the reception/delivery and safekeeping of cargoes before shipment or after
discharge;
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(c)
(d)
(e)
2.
(f)
(g)
EN
(a)
each Party shall apply effectively the principle of unrestricted access to the
international maritime markets and trades on a commercial and non-discriminatory
basis;
(b)
each Party shall grant to ships flying the flag of the other Party or operated by
service suppliers of the other Party treatment no less favourable than that accorded
to its own ships or those of any third country, whichever are the better, with regard
to, inter alia, access to ports, the use of infrastructure and services of ports, and the
use of maritime auxiliary services, as well as related fees and charges, customs
facilities and the assignment of berths and facilities for loading and unloading.
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3.
(b)
upon the entry into force of this Agreement, abolish and abstain from introducing
any unilateral measures and administrative, technical and other obstacles which
could constitute a disguised restriction or have discriminatory effects on the free
supply of services in international maritime transport.
4.
Each Party shall permit international maritime transport service suppliers of the other
Party to have an establishment in its territory under conditions of establishment and
operation no less favourable than those accorded to its own service suppliers or those of
any third country, whichever are the better.
5.
Each Party shall make available to maritime transport service suppliers of the other Party
on reasonable and non-discriminatory terms and conditions the following services at the
port: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage
collecting and ballast waste disposal, port captains services, navigation aids, shorebased operational services essential to ship operations, including communications, water
and electrical supplies, emergency repair facilities, anchorage, berth and berthing
services.
6.
Each Party shall permit the movement of equipment such as empty containers, not being
carried as cargo against payment, between ports of the Republic of Moldova or between
ports of a Member State of the EU.
7.
Each Party, subject to the authorisation of the competent authority shall permit
international maritime transport service suppliers of the other Party to provide feeder
services between their national ports.
Article 252
Air transport
A progressive liberalisation of air transport between the Parties adapted to their reciprocal
commercial needs and the conditions of mutual market access are dealt with by the Common
Aviation Area Agreement between the EU and its Member States and the Republic of Moldova.
Article 253
Gradual approximation
Each Party recognises the importance of the gradual approximation of the Republic of Moldova's
existing and future legislation to the list of the Union acquis in Annex XXVIII-D to this
Agreement.
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Section 6
Electronic Commerce
Sub-Section 1
General Provisions
Article 254
Objective and Principles
1.
The Parties, recognising that electronic commerce increases trade opportunities in many
sectors, agree to promote the development of electronic commerce between them, in
particular by co-operating on the issues raised by electronic commerce under the
provisions of this Chapter.
2.
The Parties agree that the development of electronic commerce must be fully compatible
with the highest international standards of data protection, in order to ensure the
confidence of users of electronic commerce.
3.
The Parties agree that electronic transmissions shall be considered as the provision of
services, within the meaning of Section 3 (Cross-border supply of services) of this
Chapter, which cannot be subject to customs duties.
Article 255
Cooperation in electronic commerce
1.
2.
EN
the recognition of certificates of electronic signatures issued to the public and the
facilitation of cross-border certification services,
(b)
(c)
(d)
(e)
Such cooperation can take the form of exchange of information on the Parties
respective legislation on these issues as well as on the implementation of such
legislation.
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Sub-Section 2
Liability of Intermediary Service Providers
Article 256
Use of intermediaries' services
1.
The Parties recognise that the services of intermediaries can be used by third parties for
infringing activities and shall provide for the measures set out in this Sub-Section in
respect of intermediary service providers.
2.
For the purposes of Article 257 of this Agreement, "service provider" means a provider
of transmission, routing, or connections for digital online communication, between or
among points specified by the user, of material of the users choosing without
modification of its content. For the purposes of Articles 258 and 259 of this Agreement,
"service provider" means a provider or operator of facilities for online services or
network access.
Article 257
Liability of intermediary service providers: "mere conduit"
1.
(b)
(c)
2.
The acts of transmission and of provision of access referred to in paragraph 1 include the
automatic, intermediate and transient storage of the information transmitted in so far as
this takes place for the sole purpose of carrying out the transmission in the
communication network, and provided that the information is not stored for any period
longer than is reasonably necessary for the transmission.
3.
This Article shall not affect the possibility for a court or administrative authority, in
accordance with Parties legal systems, of requiring the service provider to terminate or
prevent an infringement.
Article 258
Liability of intermediary service providers: "caching"
1.
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efficient the information's onward transmission to other recipients of the service upon
their request, on condition that:
(a)
(b)
(c)
the provider complies with rules regarding the updating of the information,
specified in a manner widely recognised and used by industry;
(d)
the provider does not interfere with the lawful use of technology, widely
recognised and used by industry, to obtain data on the use of the information; and
(e)
This Article shall not affect the possibility for a court or administrative authority, in
accordance with Parties' legal systems, of requiring the service provider to terminate or
prevent an infringement.
Article 259
Liability of intermediary service providers: "hosting"
1.
the provider does not have actual knowledge of illegal activity or information and,
as regards claims for damages, is not aware of facts or circumstances from which
the illegal activity or information is apparent; or
(b)
2.
Paragraph 1 shall not apply when the recipient of the service is acting under the
authority or the control of the provider.
This Article shall not affect the possibility for a court or administrative authority, in
accordance with Parties' legal systems, of requiring the service provider to terminate or
prevent an infringement, nor does it affect the possibility for the Parties of establishing
procedures governing the removal or disabling of access to information.
Article 260
No general obligation to monitor
1.
EN
The Parties shall not impose a general obligation on providers, when providing the
services covered by Articles 257, 258 and 259 of this Agreement, to monitor the
information which they transmit or store, nor shall they impose a general obligation to
actively seek facts or circumstances indicating illegal activity.
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2.
A Party may establish obligations for information society service providers promptly to
inform the competent public authorities of alleged illegal activities undertaken or
information provided by recipients of their service or obligations to communicate to the
competent authorities, at their request, information enabling the identification of
recipients of their service with whom they have storage agreements.
Section 7
Exceptions
Article 261
General exceptions
1.
Without prejudice to general exceptions set in Articles 446 of this Agreement, the
provisions of this Chapter and of Annexes XXVII-A and XXVII-E, XXVII-B and
XXVII-F, XXVII-C and XXVII-G, XXVII-D and XXVII-H of this Agreement are
subject to the exceptions contained in this Article.
2.
Subject to the requirement that such measures are not applied in a manner which would
constitute a means of arbitrary or unjustifiable discrimination between countries where
like conditions prevail, or a disguised restriction on establishment or cross-border supply
of services, nothing in this Chapter shall be construed to prevent the adoption or
enforcement by any Party of measures:
(a)
(b)
(c)
(d)
(e)
necessary to secure compliance with laws or regulations which are not inconsistent
with the provisions of this Chapter including those relating to:
(i)
the prevention of deceptive and fraudulent practices or to deal with the
effects of a default on contracts;
(ii)
(iii) safety;
(f)
EN
inconsistent with Articles 205(1) and 211 of this Agreement, provided that the
difference in treatment is aimed at ensuring the effective or equitable imposition or
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The provisions of this Chapter and of Annexes XXVII-A and XXVII-E, XXVII-B and
XXVII-F, XXVII-C and XXVII-G, XXVII-D and XXVII-H to this Agreement shall not
apply to the Parties respective social security systems or to activities in the territory of
each Party, which are connected, even occasionally, with the exercise of official
authority.
Article 262
Taxation measures
The most-favoured-nation treatment granted in accordance with the provisions of this Chapter
shall not apply to the tax treatment that Parties are providing or will provide in future on the basis
of agreements between the Parties designed to avoid double taxation.
Article 263
Security exceptions
Nothing in this Agreement shall be construed:
(a)
to require any Party to furnish any information, the disclosure of which it considers
contrary to its essential security interests; or
(b)
to prevent any Party from taking any action which it considers necessary for the
protection of its essential security interests:
(i)
(ii)
relating to economic activities carried out directly or indirectly for the purpose of
provisioning a military establishment;
(iii) relating to fissionable and fusionable materials or the materials from which they
are derived; or
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Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes
include measures taken by a Party under its taxation system which:
(a) apply to non-resident entrepreneurs and services suppliers in recognition of the fact that the tax
obligation of non-residents is determined with respect to taxable items sourced or located in the Party's
territory; or
(b) apply to non-residents in order to ensure the imposition or collection of taxes in the Party's territory; or
(c) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including
compliance measures; or
(d) apply to consumers of services supplied in or from the territory of another Party in order to ensure the
imposition or collection of taxes on such consumers derived from sources in the Party's territory; or
(e) distinguish entrepreneurs and service suppliers subject to tax on worldwide taxable items from other
entrepreneurs and service suppliers, in recognition of the difference in the nature of the tax base between
them; or
(f) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or
branches, or between related persons or branches of the same person, in order to safeguard the Party's tax
base.
Tax terms or concepts in paragraph (f) of this provision and in this footnote are determined according to tax
definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the
Party taking the measure.
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to prevent any Party from taking any action in pursuance of obligations it has accepted
for the purpose of maintaining international peace and security.
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CHAPTER 7
CURRENT PAYMENTS AND MOVEMENT OF CAPITAL
Article 264
Current payments
The Parties undertake to authorise, in freely convertible currency, in accordance with the
provisions of Article VIII of the Agreement of the International Monetary Fund, any payments
and transfers on the current account of balance of payments between the Parties.
Article 265
Capital movements
1.
With regard to transactions on the capital and financial account of balance of payments,
from the entry into force of this Agreement, the Parties shall ensure the free movement
of capital relating to direct investments, including the acquisition of real estate, made in
accordance with the laws of the host country, investments made in accordance with the
provisions of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of
Title V (Trade and Trade-related Matters) of this Agreement and the liquidation or
repatriation of invested capital and of any profit stemming therefrom.
2.
With regard to transactions on the capital and financial account of balance of payments
other than the transactions listed in paragraph 1 of this Article, from the entry into force
of this Agreement, each Party shall ensure without prejudice to other provisions of this
Agreement,
(a)
the free movement of capital relating to credits for commercial transactions or for
the provision of services in which a resident of one of the Parties is participating,
(b)
the free movement of capital relating to portfolio investments, financial loans and
credits by the investors of the other Party.
Article 266
Safeguard measures
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Article 267
Facilitation and evolution provisions
EN
1.
The Parties shall consult with a view to facilitating the movement of capital between the
Parties in order to promote the objectives of this Agreement.
2.
During the first four years following the date of entry into force of this Agreement, the
Parties shall take measures permitting the creation of the necessary conditions for further
gradual application of the Union rules on the free movement of capital.
3.
By the end of the fifth year following the date of entry into force of this Agreement, the
Association Committee in Trade configuration, as set out in Article 438(4) of this
Agreement, shall review the measures taken and determine the modalities for further
liberalisation.
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CHAPTER 8
PUBLIC PROCUREMENT
Article 268
Objectives
1.
2.
This Chapter envisages mutual access to public procurement markets on the basis of the
principle of national treatment at national, regional and local level for public contracts
and concessions in the public sector as well as in the utilities sector. It provides for a
gradual approximation of the public procurement legislation in the Republic of Moldova
with the Union acquis on public procurement, accompanied with an institutional reform
and the creation of an efficient public procurement system based on the principles
governing public procurement in the Union and the terms and definitions set out in
Directive No 2004/18/EC of the European Parliament and of the Council of 31 March
2004 on the coordination of procedures for the award of public works contracts, public
supply contracts and public service contracts (Directive 2004/18/EC) and Directive No
2004/17/EC of the European Parliament and of the Council of 31 March 2004
coordinating the procurement procedures of entities operating in the water, energy,
transport and postal services sectors (Directive 2004/17/EC).
Article 269
Scope
EN
1.
This Chapter applies to works, supplies and services public contracts, as well as works,
supplies and services contracts in the utilities sectors and works and services concessions.
2.
This Chapter applies to any contracting authority and any contracting entity which meets
the definitions of the Union acquis on public procurement (hereinafter both referred to as
the "contracting entities"). It covers also bodies governed by public law and public
undertakings in the field of utilities such as state-owned enterprises carrying out the
relevant activities and private undertakings operating on the basis of special and exclusive
rights in the field of utilities.
3.
This Chapter applies to contracts above value thresholds set out in Annex XXIX-A to this
Agreement.
4.
The calculation of the estimated value of a public contract shall be based on the total
amount payable, net of taxes on value added. When applying these thresholds, the
Republic of Moldova will calculate and convert contract values into its national currency,
using the conversion rate of its National Bank.
5.
Value thresholds shall be revised regularly every two years, beginning in the year of entry
into force of this Agreement, based on the average daily value of the Euro, expressed in
Special Drawing Rights, over the 24 months terminating on the last day of August
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preceding the revision with effect from January 1. The value of the thresholds thus revised
shall, where necessary, be rounded down to nearest thousand Euro. The revision of the
thresholds shall be adopted by decision of the Association Committee in Trade
configuration, as set out in Article 438(4) of this Agreement.
Article 270
Institutional background
1.
2.
3.
(a)
(b)
an impartial and independent body tasked with the review of decisions taken by
contracting authorities or entities during the award of contracts. In this context,
independent means that that body shall be a public authority which is separate
from all contracting entities and economic operators. There shall be a possibility to
subject the decisions taken by this body to judicial review.
Each Party shall ensure that decisions taken by the authorities responsible for the review
of complaints by economic operators concerning infringements of domestic law shall be
effectively enforced.
Article 271
Basic standards regulating the award of contracts
1.
No later than nine months from the entry into force of this Agreement, the Parties shall
comply with a set of basic standards for the award of all contracts as stipulated in
paragraphs 2 to 15 of this Article. These basic standards derive directly from the rules
and principles of public procurement, as regulated in the Union acquis on public
procurement, including the principles of non-discrimination, equal treatment,
transparency and proportionality.
Publication
2.
EN
Each Party shall ensure that all intended procurements are published in an appropriate
media in a manner that is sufficient:
(a)
(b)
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3.
The publication shall be appropriate to the economic interest of the contract to economic
operators.
4.
The publication shall contain at least the essential details of the contract to be awarded,
the criteria for qualitative selection, the award method, the contract award criteria and
any other additional information that the economic operators reasonably need to decide
on whether to express their interest in obtaining the contract.
Award of contracts
5.
All contracts shall be awarded through transparent and impartial award procedures that
prevent corruptive practices. This impartiality shall be ensured in particular through the
non-discriminatory description of the subject-matter of the contract, equal access for all
economic operators, appropriate time-limits and a transparent and objective approach.
6.
When describing the characteristics of the required work, supply or service, the
contracting entities shall use general descriptions of performance and functions and
international, European or national standards.
7.
The description of the characteristics required of a work, supply or service shall not refer
to a specific make or source, or a particular process, or to trademarks, patents, types or a
specific origin or production unless such a reference is justified by the subject-matter of
the contract and accompanied by the words or equivalent. Preference shall be given to
the use of general descriptions of performance or functions.
8.
9.
The time-limits for expression of interest and for submission of offers shall be
sufficiently long to allow economic operators from the other Party to make a meaningful
assessment of the tender and prepare their offer.
10.
All participants must be able to know the applicable rules, selection criteria and award
criteria in advance. These rules must apply equally to all participants.
11.
(b)
the selection is based only on objective factors such as the experience of the
applicants in the sector concerned, the size and infrastructure of their businesses or
their technical and professional abilities.
EN
Contracting entities may use negotiated procedures only in exceptional and defined
cases when the use of such a procedure effectively does not distort competition.
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13.
Contracting entities may use qualification systems only under the condition that the list
of qualified operators is compiled by means of a sufficiently advertised, transparent and
open procedure. Contracts falling within the scope of such a system shall be awarded
also on a non-discriminatory basis.
14.
Each Party shall ensure that contracts are awarded in a transparent manner to the
applicant who has submitted the economically most advantageous offer or the offer with
the lowest price, based on the tender criteria and the procedural rules established and
communicated in advance. The final decisions shall be communicated to all applicants
without undue delay. Upon request of an unsuccessful applicant, reasons must be
provided in sufficient detail to allow the review of the decision.
Judicial protection
15.
Each Party shall ensure that any person having or having had an interest in obtaining a
particular contract and who has been, or risks, being harmed by an alleged infringement
is entitled to effective, impartial judicial protection against any decision of the
contracting entity related to the award of that contract. The decisions taken in the course
and at the end of such review procedure shall be made public in a manner that is
sufficient to inform all interested economic operators.
Article 272
Planning of gradual approximation
1.
2.
The roadmap shall cover all aspects of the reform and the general legal framework for
the implementation of public procurement activities, in particular: approximation for
public contracts, contracts in the utilities sector, works concessions and review
procedures; strengthening of the administrative capacity at all levels including review
bodies and enforcement mechanisms.
3.
1.
EN
The Republic of Moldova shall ensure that its existing and future legislation on public
procurement will be gradually made compatible with the Union acquis on public
procurement.
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2.
Approximation to the Union acquis shall be carried out in consecutive phases as set out
in the schedule in Annex XXIX-B to this Agreement and further specified in Annexes
XXIX-C to XXIX-F, XXIX-H, XXIX-I, and XXIX-K thereof. Annexes XXIX-G and
XXIX-J to this Agreement identify non-mandatory elements that need not be
approximated, whereas Annexes XXIX-L to XXIX-O identify elements of the Union
acquis that remain outside the scope of approximation. In this process, due account shall
be taken of the corresponding case law of the Court of Justice of the European Union
and the implementing measures adopted by the European Commission as well as, should
it become necessary, of any modifications of the Union acquis occurring in the
meantime. The implementation of each phase shall be evaluated by the Association
Committee in Trade configuration, as set out in Article 438(4) of this Agreement, and,
following a positive assessment by that Committee, it shall be linked to the reciprocal
granting of market access as set out in Annex XXIX-B to this Agreement. The European
Commission shall notify without undue delay the Republic of Moldova of any
modifications of the Union acquis. It shall provide appropriate advice and technical
assistance for the purpose of implementing such modifications.
3.
The Association Committee in Trade configuration shall only proceed to the evaluation
of a next phase once the measures to implement the previous phase have been carried
out and approved according to the modalities set forth in paragraph 2.
4.
Each Party shall ensure that those aspects and areas of public procurement which are not
covered by this Article comply with the principles of transparency, non-discrimination
and equal treatment as set out under Article 271 of this Agreement.
Article 274
Market access
1.
The Parties agree that the effective and reciprocal opening of their respective markets
shall be attained gradually and simultaneously. During the process of approximation, the
extent of the market access mutually granted shall be linked to the progress made in this
process as stipulated in Annex XXIX-B to this Agreement.
2.
The decision to proceed to a further phase of market opening shall be made on the basis
of an assessment of the quality of the legislation adopted as well as its practical
implementation. Such assessment shall be carried out regularly by the Association
Committee in Trade configuration, as set out in Article 438(4) of this Agreement.
3.
Insofar as a Party has, according to Annex XXIX-B to this Agreement, opened its
procurement market to the other Party:
(a) the Union shall grant access to contract award procedures to companies of the
Republic of Moldova, whether established or not in the Union, pursuant to the Union
public procurement rules under treatment no less favourable than that accorded to Union
companies;
(b) the Republic of Moldova shall grant access to contract award procedures for Union
companies, whether established or not in the Republic of Moldova, pursuant to national
procurement rules under treatment no less favourable than that accorded to companies of
the Republic of Moldova.
EN
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4.
After the implementation of the last phase in the process of approximation, the Parties
will examine the possibility to mutually grant market access with regard to procurements
below the value thresholds set out in Annex XXIX-A to this Agreement.
5.
1.
Each Party shall ensure that contracting entities and economic operators are
appropriately informed about public procurement procedures, including through the
publication of all relevant legislation and administrative rulings.
2.
EN
1.
The Parties shall enhance their cooperation through exchanges of experience and
information relating to their best practices and regulatory frameworks.
2.
The EU Party shall facilitate the implementation of this Chapter, including through
technical assistance where appropriate. In line with the provisions in Title VI (Financial
Assistance, and Anti-Fraud and Control Provisions) of this Agreement, specific
decisions on financial assistance shall be taken through the relevant Union funding
mechanisms and instruments.
3.
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CHAPTER 9
INTELLECTUAL PROPERTY RIGHTS
Section 1
General Provisions and Principles
Article 277
Objectives
The objectives of this Chapter are to:
(a)
b)
1.
The Parties shall ensure the adequate and effective implementation of the international
treaties dealing with intellectual property to which they are parties including the WTO
Agreement on Trade-related Aspects of Intellectual Property (TRIPS Agreement). The
provisions of this Chapter shall complement and further specify the rights and
obligations between the Parties under the TRIPS Agreement and other international
treaties in the field of intellectual property.
2.
For the purposes of this Agreement, the expression intellectual property refers at least
to all categories of intellectual property that are the subject of Articles 280 to 317 of this
Agreement.
3.
Each Party shall provide for a regime of domestic or regional exhaustion of intellectual property
rights.
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Section 2
Standards Concerning Intellectual Property Rights
Sub-Section 1
Copyright and Related Rights
Article 280
Protection granted
The Parties shall comply with the rights and obligations set out in the following international
agreements:
(a)
the Berne Convention for the Protection of Literary and Artistic Works (Berne
Convention);
(b)
(c)
(d)
(e)
Each Party shall provide for authors the exclusive right to authorise or prohibit:
(a) the direct or indirect, temporary or permanent reproduction by any means and in any
form, in whole or in part of their works;
(b) any form of distribution to the public by sale or otherwise of the original of their works
or of copies thereof;
(c) any communication to the public of their works, by wire or wireless means, including
the making available to the public of their works in such a way that members of the
public may access them from a place and at a time individually chosen by them.
Article 282
Performers
Each Party shall provide for performers the exclusive right to:
(a) authorise or prohibit the fixation25 of their performances;
(b) authorise or prohibit the direct or indirect, temporary or permanent reproduction by any
means and in any form, in whole or in part of fixations of their performances;
(c) make available to the public, by sale or otherwise, fixations of their performances;
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For the purposes of this Chapter; fixation means the embodiment of sounds or images, or of the
representations thereof, from which they can be perceived, reproduced or communicated through a device.
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(d) authorise or prohibit the making available to the public, by wire or wireless means, in
such a way that members of the public may access them from a place and at a time
individually chosen by them of fixations of their performances;
(e) authorise or prohibit the broadcasting by wireless means and the communication to the
public of their performances, except where the performance is itself already a broadcast
performance or is made from a fixation.
Article 283
Producers of phonograms
Each Party shall provide for phonogram producers the exclusive right to:
(a) authorise or prohibit the direct or indirect, temporary or permanent reproduction by any
means and in any form, in whole or in part, of their phonograms;
(b) make available to the public, by sale or otherwise, their phonograms, including copies
thereof;
(c) authorise or prohibit the making available of their phonograms to the public, by wire or
wireless means, in such a way that members of the public may access them from a place
and at a time individually chosen by them.
Article 284
Broadcasting organisations
Each Party shall provide for broadcasting organisations the exclusive right to authorise or
prohibit:
(a) the fixation of their broadcasts;
(b) the reproduction of fixations of their broadcasts;
(c) the making available to the public, by wire or wireless means, of fixations of their
broadcasts; and
(d) the rebroadcasting of their broadcasts by wireless means, as well as the communication
to the public of their broadcasts if such communication is made in places accessible to
the public against payment of an entrance fee.
Article 285
Broadcasting and communication to the public
EN
1.
Each Party shall provide a right in order to ensure that a single equitable remuneration is
paid by the user, if a phonogram published for commercial purposes, or a reproduction of
such phonogram, is used for broadcasting by wireless means or for any communication to
the public, and to ensure that this remuneration is shared between the relevant performers
and phonogram producers.
2.
Each Party may, in the absence of agreement between the performers and phonogram
producers, lay down the conditions as to the sharing of this remuneration between them.
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Article 286
Term of protection
1.
The rights of an author of a literary or artistic work within the meaning of Article 2 of
the Berne Convention shall run for the life of the author and for 70 years after his/her
death, irrespective of the date when the work is lawfully made available to the public.
2.
The term of protection of a musical composition with words shall expire 70 years after
the death of the last of the following persons to survive, whether or not those persons are
designated as co-authors: the author of the lyrics and the composer of the musical
composition, provided that both contributions were specifically created for the
respective musical composition with words.
3.
The rights of performers shall expire no less than 50 years after the date of the
performance. However,
(a) if a fixation of the performance otherwise than in a phonogram is lawfully
published or lawfully communicated to the public within this period, the rights shall
expire 50 years from the date of the first such publication or the first such
communication to the public, whichever is the earlier,
(b) if a fixation of the performance in a phonogram is lawfully published or lawfully
communicated to the public within this period, the rights shall expire 70 years from the
date of the first such publication or the first such communication to the public,
whichever is the earlier.
EN
4.
The rights of producers of phonograms shall expire no less than 50 years after the
fixation is made. However, if the phonogram has been lawfully published within this
period, the said rights shall expire no less than 70 years from the date of the first lawful
publication. If no lawful publication has taken place within the period mentioned in the
first sentence, and if the phonogram has been lawfully communicated to the public
within this period, the said rights shall expire not less than 70 years from the date of the
first lawful communication to the public. However, if 50 years after the phonogram is
lawfully published or communicated to the public, the phonogram producer does not
offer copies of the phonogram for sale in sufficient quantity, or does not make it
available to the public, the performer may terminate the contract by which he/she has
transferred or assigned his/her rights in the fixation of his/her performance to a
phonogram producer.
5.
The rights of broadcasting organisations shall expire no less than 50 years after the first
transmission of a broadcast, whether this broadcast is transmitted by wire or wireless
means, including by cable or satellite.
6.
The terms laid down in this Article shall be calculated from the first of January of the
year following the event which gives rise to them.
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Article 287
Protection of technological measures
1.
Each Party shall provide adequate legal protection against the circumvention of any
effective technological measures, which the person concerned carries out in the
knowledge, or with reasonable grounds to know, that he/she is pursuing that objective.
2.
Each Party shall provide adequate legal protection against the manufacture, import,
distribution, sale, rental, advertisement for sale or rental, or possession for commercial
purposes of devices, products or components, or the provision of services which:
(a)
(b)
(c)
For the purposes of this Agreement, the expression technological measures means any
technology, device or component that, in the normal course of its operation, is designed
to prevent or restrict acts, in respect of works or other protected subject-matter, which
are not authorised by the right holder of any copyright or related right as provided for by
domestic law. Technological measures shall be deemed effective where the use of a
work or other protected subject matter is controlled by the right holders through
application of an access control or protection process, such as encryption, scrambling or
other transformation of the work or other subject-matter or a copy control mechanism,
which achieves the protection objective.
Article 288
Protection of rights management information
1.
Each Party shall provide adequate legal protection against any person performing
without authority any of the following acts:
(a)
(b)
if such person knows, or has reasonable grounds to know, that by so doing he/she is
inducing, enabling, facilitating or concealing an infringement of any copyright or any
related rights as provided by domestic law.
2.
EN
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subject-matter, and any numbers or codes that represent such information. Paragraph 1
shall apply when any of these items of information is associated with a copy of, or
appears in connection with the communication to the public of, a work or other subjectmatter that is the object of protection under this Chapter.
Article 289
Exceptions and limitations
1.
In accordance with the conventions and international treaties to which they are parties,
each Party may provide for limitations or exceptions to the rights set out in Articles 281
to 286 of this Agreement only in certain special cases which do not conflict with a
normal exploitation of the protected subject matter and which do not unreasonably
prejudice the legitimate interests of the right holders.
2.
Each Party shall provide that temporary acts of reproduction referred to in Articles 282
to 285 of this Agreement, which are transient or incidental, which are an integral and
essential part of a technological process and the sole purpose of which is to enable
(a)
(b)
a lawful use
EN
1.
Each Party shall provide, for the benefit of the author of an original work of art, a resale
right, to be defined as an inalienable right, which cannot be waived, even in advance, to
receive a royalty based on the sale price obtained for any resale of the work, subsequent
to the first transfer of the work by the author.
2.
The right referred to in paragraph 1 shall apply to all acts of resale involving as sellers,
buyers or intermediaries art market professionals, such as salesrooms, art galleries and,
in general, any dealers in works of art.
3.
Each Party may provide that the right referred to in paragraph 1 shall not apply to acts of
resale where the seller has acquired the work directly from the author less than three
years before that resale and where the resale price does not exceed a certain minimum
amount.
4.
The royalty shall be payable by the seller. Each Party may provide that one of the natural
or legal persons referred to in paragraph 2 other than the seller shall alone be liable or
shall share liability with the seller for payment of the royalty.
5.
The protection provided may be claimed to the extent permitted by the Party where this
protection is claimed. The procedure for collection and the amounts shall be matters for
determination by domestic law.
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Article 291
Cooperation on collective management of rights
The Parties shall endeavour to promote dialogue and cooperation between their respective
collective management societies for the purpose of promoting the availability of works and other
protected subject matter and the transfer of royalties for the use of such works or other protected
subject matter.
Sub-Section 2
Trademarks
Article 292
International agreements
The Parties shall:
(a)
comply with the Protocol Relating to the Madrid Agreement Concerning the
International Registration of Marks, the WIPO Trademark Law Treaty and the Nice
Agreement Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks, and
(b)
make all reasonable efforts to accede to the Singapore Treaty on the Law of Trademarks.
Article 293
Registration procedure
1. Each Party shall provide for a system for the registration of trademarks in which each final
negative decision taken by the relevant trademark administration shall be communicated to the
applicant in writing and shall be duly reasoned.
2. Each Party shall provide for the possibility to oppose applications to register trademarks. Such
opposition proceedings shall be adversarial.
3. The Parties shall provide a publicly available electronic database of applications and
registrations of trademarks.
Article 294
Well-known trademarks
For the purpose of giving effect to Article 6bis of the Paris Convention (1967) and Article 16(2)
and (3) of the TRIPS Agreement on the protection of well-known trademarks, the Parties shall
apply the Joint Recommendation adopted by the Assembly of the Paris Union for the Protection
of Industrial Property and the General Assembly of the World Intellectual Property Organization
(WIPO) at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of
WIPO (September 1999).
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Article 295
Exceptions to the rights conferred by a trademark
Each Party shall provide for limited exceptions to the rights conferred by a trademark, such as the
fair use of descriptive terms, the protection of geographical indications as provided for in Article
303, or other limited exceptions that take account of the legitimate interests of the owner of the
trademark and of third parties.
Sub-Section 3
Geographical Indications
Article 296
Scope
1.
2.
3.
EN
1.
2.
3.
4.
The Union, after having completed an objection procedure in accordance with the
criteria set out in Annex XXX-B to this Agreement and after having examined the
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The decisions of the Joint Committee set up by Article 11 of the Agreement between the
European Union and the Republic of Moldova on the protection of geographical
indications of agricultural products and foodstuffs concerning the amendment of
Annexes III and IV to that Agreement, which are taken before the entry into force of this
Agreement, shall be deemed to be decisions of the Geographical Indications SubCommittee, and the geographical indications added to those Annexes III and IV shall be
deemed to be part of Annexes XXX-C and XXX-D of this Agreement. Accordingly, the
Parties shall protect those geographical indications as established geographical
indications under this Agreement.
Article 298
Addition of new geographical indications
1.
The Parties agree on the possibility to add new geographical indications to be protected in
Annexes XXX-C and XXX-D to this Agreement in accordance with the procedure set out
in Article 306(3) to this Agreement after having completed the objection procedure and
after having examined the geographical indications as referred to in Article 297(3) and
297(4) of this Agreement to the satisfaction of both Parties.
2.
A Party shall not be required to protect as a geographical indication a name that conflicts
with the name of a plant variety, including a wine grape variety, or an animal breed and as
a result is likely to mislead the consumer as to the true origin of the product.
Article 299
Scope of protection of geographical indications
1.
The geographical indications listed in Annexes XXX-C and XXX-D to this Agreement, as
well as those added pursuant to Article 298 of this Agreement, shall be protected against:
(a)
(b)
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any misuse, imitation or evocation26, even if the true origin of the product is
indicated or if the protected name is translated, transcripted, transliterated or
accompanied by an expression such as style, type, method, as produced
in, imitation, flavour, like or similar;
By the term evocation is understood, notably, the use in any way for products falling under heading 20.09
of the HS, although only insofar as those products are referred to wines falling under heading 22.04,
aromatised wines falling under heading 22.05 and spirit drinks falling under heading 22.08 of that system.
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(c)
(d)
any other practice liable to mislead the consumer as to the true origin of the
product.
2.
3.
Where a Party, in the context of negotiations with a third country, proposes to protect a
geographical indication of that third country, and the name is homonymous with a
geographical indication of the other Party, the latter shall be consulted and be given the
opportunity to comment before the name is protected
4.
Nothing in this Sub-Section shall oblige a Party to protect a geographical indication of the
other Party which is not or ceases to be protected in its country of origin. The Parties shall
notify each other if a geographical indication ceases to be protected in its country of
origin.
5.
The provisions of this Sub-Section shall in no way prejudice the right of any person to
use, in the course of trade, that persons name or the name of that persons predecessor in
business, except where such name is used in such a manner as to mislead consumers.
Article 300
Right of use of geographical indications
EN
1.
A name protected under this Sub-Section may be used by any operator marketing,
producing, processing or preparing agricultural products, foodstuffs, wines, aromatised
wines or spirit drinks conforming to the corresponding product specification.
2.
Once a geographical indication is protected under this Sub-Section, the use of such
protected name shall not be subject to any registration of users or further charges.
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Article 301
Enforcement of protection
The Parties shall enforce the protection provided for in Articles 297 to 300 of this Agreement by
appropriate administrative actions or legal proceedings, as appropriate, including at the customs
border (export and import), in order to prevent and stop any unlawful use of the protected
geographical indications. They shall also enforce such protection at the request of an interested
party.
Article 302
Implementation of complementary actions
Without prejudice to the Republic of Moldova's previous commitments to grant protection for the
Union geographical indications derived from international agreements on the protection of
geographical indications and the enforcement thereof, including the commitments undertaken in
the Lisbon Agreement for the Protection of Appellations of Origin and their International
Registration, and in accordance with Article 301 of this Agreement, the Republic of Moldova
shall benefit from a transitional period of five years from 1 April 2013 to put in place all
complementary actions necessary to stop any unlawful use of the protected geographical
indications, in particular the measures at the custom border.
Article 303
Relationship with trademarks
EN
1.
The Parties shall refuse to register or shall invalidate, ex officio or at the request of any
interested party in conformity with the legislation of each Party, a trademark that
corresponds to any of the situations referred to in Article 299(1) of this Agreement in
relation to a protected geographical indication for like products, provided an application
to register the trademark is submitted after the date of application for protection of the
geographical indication in the territory concerned.
2.
For geographical indications referred to in Article 297 of this Agreement, the date of
application for protection shall be 1 April 2013.
3.
For geographical indications referred to in Article 298 of this Agreement, the date of
application for protection shall be the date of the transmission of a request to the other
Party to protect a geographical indication.
4.
For geographical indications referred to in Article 298 of this Agreement, the Parties
shall have no obligation to protect a geographical indication where, in the light of a
reputed or well-known trademark, protection is liable to mislead consumers as to the
true identity of the product.
5.
Without prejudice to paragraph 4, the Parties shall protect geographical indications also
where a prior trademark exists. A prior trademark shall mean a trademark the use of
which corresponds to one of the situations referred to in Article 299(1) of this
Agreement, which has been applied for, registered or established by use, if that
possibility is provided for by the legislation concerned, in the territory of one of the
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Parties before the date on which the application for protection of the geographical
indication is submitted by the other Party under this Sub-Section. Such trademark may
continue to be used and renewed notwithstanding the protection of the geographical
indication, provided that no grounds for the trademarks invalidity or revocation exist in
the legislation on trademarks of the Parties.
Article 304
General rules
1.
This Sub-Section shall apply without prejudice to the rights and obligations of the
Parties under the WTO Agreement.
2.
Notwithstanding Article 302 of this Agreement, the import, export and marketing of any
product referred to in Articles 297 and 298 of this Agreement shall be conducted in
compliance with the laws and regulations applying in the territory of the importing
Party.
3.
Any matter arising from technical specifications of registered names shall be dealt with
in the Committee established in Article 306 of this Agreement.
4.
Geographical indications protected under this Sub-Section may only be cancelled by the
Party in which the product originates.
5.
1.
The Parties shall, either directly or through the Geographical Indications Sub-Committee
established pursuant to Article 306 of this Agreement, maintain contact on all matters
relating to the implementation and the functioning of this Sub-Section, in particular, a
Party may request from the other Party information relating to product specifications and
their modification, and contact points for control provisions.
2.
Each Party may make publicly available the product specifications or a summary thereof
and contact points for control provisions corresponding to geographical indications of
the other Party protected pursuant to this Article.
Article 306
Geographical Indications Sub-Committee
EN
1.
2.
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EN
3.
4.
The Geographical Indications Sub-Committee shall also see to the proper functioning of
this Sub-Section and may consider any matter related to its implementation and
operation. In particular, it shall be responsible for:
(a)
amending Part A and Part B of Annex XXX-A to this Agreement as regards the
references to the law applicable in the Parties;
(b)
(c)
(d)
(e)
The Parties shall comply with the Geneva Act to the Hague Agreement Concerning the
International Registration of Industrial Designs (1999).
Article 308
Protection of registered designs
1.
Each Party shall provide for the protection of independently created designs that are new
and are original27. This protection shall be provided by registration, which shall confer
an exclusive right upon the holders of a registered design in accordance with the
provisions of this article.
2.
27
EN
if the component part, once it has been incorporated into the complex product,
remains visible during normal use of the latter, and
For the purposes of this Article, a Party may consider that a design having individual character is original.
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(b)
to the extent that those visible features of the component part fulfill in themselves
the requirements as to novelty and originality.
The expression "normal use" in paragraph 2(a) shall mean use by the end user, excluding
maintenance, servicing or repair work.
4.
The holder of a registered design shall have the right to prevent third parties not having
the owners consent from, at a minimum, making, offering for sale, selling, importing,
exporting, stocking or using a product bearing or embodying the protected design when
such acts are undertaken for commercial purposes, unduly prejudice the normal
exploitation of the design, or are not compatible with fair trade practices.
5.
The duration of protection available shall amount to 25 years from the date of filing of
the application for registration.
Article 309
Protection conferred to unregistered designs
1.
Each Party shall provide the legal means to prevent the use of unregistered designs, only
if the contested use results from copying the unregistered appearance of the product. For
the purposes of this Article, the term "use" shall include the offering for sale, putting on
the market, importing or exporting the product.
2.
The duration of protection available for unregistered designs shall amount to at least
three years from the date on which the design was made available to the public in one of
the Parties.
Article 310
Exceptions and exclusions
1.
Each Party may provide limited exceptions to the protection of designs, provided that
such exceptions do not unreasonably conflict with the normal exploitation of protected
designs and do not unreasonably prejudice the legitimate interests of the owner of the
protected design, taking account of the legitimate interests of third parties.
2.
A design shall also be eligible for protection under the law of copyright of a Party as from the
date on which the design was created or fixed in any form. The extent to which, and the
conditions under which, such a protection is conferred, including the level of originality required,
shall be determined by each Party.
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Sub-Section 5
Patents
Article 312
International agreements
The Parties shall adhere to the provisions of the Patent Cooperation Treaty and shall make all
reasonable efforts to comply with the Patent Law Treaty.
Article 313
Patents and public health
1.
The Parties recognise the importance of the Declaration on the TRIPS Agreement and
Public Health adopted on 14 November 2001 by the Ministerial Conference of the
World Trade Organisation. In interpreting and implementing the rights and obligations
under this Chapter, the Parties shall ensure consistency with the Declaration.
2.
The Parties shall respect the Decision of the WTO General Council of 30 August 2003
on Paragraph 6 of the Declaration on the TRIPS Agreement and Public Health, and they
shall contribute to its implementation.
Article 314
Supplementary protection certificate
EN
1.
The Parties recognise that medicinal and plant protection products protected by a patent
may be subject to an administrative authorisation procedure before being put on their
market. They recognise that the period that elapses between the filing of the application
for a patent and the first authorisation to place the product on their respective market, as
defined for that purpose by domestic law, may shorten the period of effective protection
under the patent.
2.
Each Party shall provide for a further period of protection for a medicinal or plant
protection product which is protected by a patent and which has been subject to an
administrative authorisation procedure, that period being equal to the period referred to
in paragraph 1 second sentence, reduced by a period of five years.
3.
Notwithstanding paragraph 2, the duration of the further period of protection may not
exceed five years.
4.
In the case of medicinal products for which paediatric studies have been carried out, and
provided that results of those studies are reflected in the product information, the Parties
shall provide for a further six months extension of the period of protection referred to in
paragraph 2.
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Article 315
Protection of data submitted to obtain an authorisation to put a medicinal product on the
market
1.
2.
Each Party shall ensure that any required information that is submitted to obtain an
authorisation to put a medicinal product on the market remains undisclosed to third
parties and benefits from protection against unfair commercial use.
To this end,
during a period of at least five years, starting from the date of grant of marketing
authorisation in the Party concerned, no person or entity, whether public or
private, other than the person or entity who submitted such undisclosed data, shall
be allowed to rely directly or indirectly on such data, without the explicit consent
of the person or entity who submitted this data, in support of an application for the
authorisation to put a medicinal product on the market;
(b)
during a period of at least seven years, starting from the date of grant of marketing
authorisation in the Party concerned, a marketing authorisation for any subsequent
application shall not be granted, unless the subsequent applicant submits his/her
own data, or data used with authorisation of the holder of the first authorisation,
meeting the same requirements as in the case of the first authorisation. Products
registered without submission of such data shall be removed from the market until
the requirements are met.
3.
The seven year period referred to in paragraph 2(b) shall be extended to a maximum of
eight years if, during the first five years after obtaining the initial authorisation, the
holder obtains an authorisation for one or more new therapeutic indications which are
considered of significant clinical benefit in comparison with existing therapies.
4.
The provisions of this Article shall not have retroactive effect. They shall not affect the
marketing of medicinal products authorised before the entry into force of this
Agreement.
5.
The Republic of Moldova undertakes to align its legislation concerning data protection
for medicinal products with that of the Union at a date to be decided by the Association
Committee in Trade configuration, as set out in Article 438(4) of this Agreement.
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(a)
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Article 316
Data protection on plant protection products
1.
Each Party shall determine safety and efficacy requirements before authorising the
placing on the market of plant protection products.
2.
Each Party shall recognise a temporary data protection right to the owner of a test or
study report submitted for the first time to obtain a marketing authorisation for a plant
protection product.
During the period of validity of the data protection right, the test or study report shall
not be used for the benefit of any other person aiming to obtain a marketing
authorisation for a plant protection product, except when the explicit consent of the
owner is proved.
3.
(b)
4.
The period of data protection shall be at least ten years from the first authorisation in the
Party concerned. In case of low risk plant protection products the period may be
extended to 13 years.
5.
The periods referred to in paragraph 3 shall be extended by three months for each
extension of authorisation for minor uses29 if the applications for such authorisations are
made by the holder of the authorisation at the latest five years after the date of the first
authorisation. The total period of data protection may in no case exceed 13 years. For
low risk plant protection products the total period of data protection may in no case
exceed 15 years.
6.
A test or study report shall also be protected if it was necessary for the renewal or review
of an authorisation. In those cases, the period for data protection shall be 30 months.
Article 317
Plant varieties
The Parties shall protect plant varieties rights, in accordance with the International Convention
for the Protection of New Varieties of Plants (UPOV) including the optional exception to the
breeder's right as referred to in Article 15(2) of the said Convention, and shall cooperate to
promote and enforce these rights.
29
EN
For the purposes of this Article, the expression "minor use" means: use of a plant protection product in a
Party on plants or plant products which are not widely grown in that Party, or which are widely grown to
meet an exceptional plant protection need.
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Section 3
Enforcement of Intellectual Property Rights
Article 318
General obligations
1.
The Parties reaffirm their commitments under the TRIPS Agreement, in particular Part
III thereof, and shall provide for the complementary measures, procedures and remedies
set forth in this Section necessary to ensure the enforcement of intellectual property
rights30.
2.
Those measures, procedures and remedies shall be fair and equitable, and shall not be
unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted
delays.
3.
Those measures and remedies shall also be effective, proportionate and dissuasive and
shall be applied in such a manner as to avoid the creation of barriers to legitimate trade
and to provide for safeguards against their abuse.
Article 319
Entitled applicants
Each Party shall recognise as persons entitled to seek application of the measures, procedures and
remedies referred to in this Section and in Part III of the TRIPS Agreement:
(a)
the holders of intellectual property rights in accordance with the provisions of the
applicable law,
(b)
all other persons authorised to use those rights, in particular licensees, in so far as
permitted by and in accordance with the provisions of the applicable law,
(c)
intellectual property collective rights management bodies which are regularly recognised
as having a right to represent holders of intellectual property rights, in so far as
permitted by and in accordance with the provisions of the applicable law,
(d)
professional defence bodies which are regularly recognised as having a right to represent
holders of intellectual property rights, in so far as permitted by and in accordance with
the provisions of the applicable law.
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EN
For the purposes of this Sub-Section the notion of "intellectual property rights" shall include at least the
following rights: copyright; rights related to copyright; sui generis right of a database maker; rights of the
creator of the topographies of a semi-conductor product; trademark rights; design rights; patent rights,
including rights derived from supplementary protection certificates; geographical indications; utility model
rights; plant variety rights; trade names in so far as these are protected as exclusive rights by domestic law.
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Sub-Section 1
Civil Enforcement
Article 320
Measures for preserving evidence
1.
Each Party shall ensure that, even before the commencement of proceedings on the
merits of the case, the competent judicial authorities may, on application by a party who
has presented reasonably available evidence to support his/her claims that his/her
intellectual property right has been infringed or is about to be infringed, order prompt
and effective provisional measures to preserve relevant evidence in respect of the
alleged infringement, subject to the protection of confidential information.
2.
Such measures may include the detailed description, with or without the taking of
samples, or the physical seizure of the alleged infringing goods, and, in appropriate
cases, the materials and implements used in the production and/or distribution of these
goods and the documents relating thereto. Those measures shall be taken, if necessary
without the other party being heard, in particular where any delay is likely to cause
irreparable harm to the right holder or where there is a demonstrable risk of evidence
being destroyed.
Article 321
Right of information
1.
2.
EN
Each Party shall ensure that, in the context of proceedings concerning an infringement of
an intellectual property right and in response to a justified and proportionate request of
the claimant, the competent judicial authorities may order that information on the origin
and distribution networks of the goods or services which infringe an intellectual property
right be provided by the infringer and/or any other person who:
(a)
(b)
(c)
(d)
was indicated by the person referred to in point (a), (b) or (c) as being involved in
the production, manufacture or distribution of the goods or the provision of the
services.
(b)
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3.
Paragraphs 1 and 2 shall apply without prejudice to other statutory provisions which:
(a)
(b)
(c)
(d)
afford an opportunity for refusing to provide information which would force the
person referred to in paragraph 1 to admit to his/her own participation or that of
his/her close relatives in an infringement of an intellectual property right; or
(e)
1.
Each Party shall ensure that the judicial authorities may, at the request of the applicant,
issue against the alleged infringer an interlocutory injunction intended to prevent any
imminent infringement of an intellectual property right, or to forbid, on a provisional
basis and subject, where appropriate, to a recurring penalty payment where provided for
by domestic law, the continuation of the alleged infringements of that right, or to make
such continuation subject to the lodging of guarantees intended to ensure the
compensation of the right holder. An interlocutory injunction may also be issued, under
the same conditions, against an intermediary whose services are being used by a third
party to infringe an intellectual property right.
2.
3.
In the case of an alleged infringement committed on a commercial scale, the Parties shall
ensure that, if the applicant demonstrates circumstances likely to endanger the recovery
of damages, the judicial authorities may order the precautionary seizure of the movable
and immovable property of the alleged infringer, including the blocking of his/her bank
accounts and other assets. To that end, the competent authorities may order the
communication of bank, financial or commercial documents, or appropriate access to the
relevant information.
Article 323
Corrective measures
1.
EN
Each Party shall ensure that the competent judicial authorities may order, at the request
of the applicant and without prejudice to any damages due to the right holder by reason
of the infringement, and without compensation of any sort, at least the definitive
removal from the channels of commerce, or the destruction, of goods that they have
found to be infringing an intellectual property right. If appropriate, the competent
judicial authorities may also order the destruction of materials and implements
predominantly used in the creation or manufacture of those goods.
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2.
The Parties' judicial authorities shall have the authority to order that those measures
shall be carried out at the expense of the infringer, unless particular reasons are invoked
for not doing so.
Article 324
Injunctions
Each Party shall ensure that, where a judicial decision is taken finding an infringement of an
intellectual property right, the judicial authorities may issue against the infringer as well as
against an intermediary whose services are used by a third party to infringe an intellectual
property right an injunction aimed at prohibiting the continuation of the infringement.
Article 325
Alternative measures
The Parties may provide that, in appropriate cases and at the request of the person liable to be
subject to the measures provided for in Article 323 and/or Article 324 of this Agreement, the
competent judicial authorities may order pecuniary compensation to be paid to the injured party
instead of applying the measures provided for in these two Articles if that person acted
unintentionally and without negligence, if execution of the measures in question would cause
him/her disproportionate harm and if pecuniary compensation to the injured party appears
reasonably satisfactory.
Article 326
Damages
1.
2.
EN
Each Party shall ensure that the judicial authorities, on application of the injured party,
order the infringer who knowingly, or with reasonable grounds to know, engaged in an
infringing activity, to pay the right-holder damages appropriate to the actual prejudice
suffered by him/her as a result of the infringement. When the judicial authorities set the
damages:
(a)
they shall take into account all appropriate aspects, such as the negative economic
consequences, including lost profits, which the injured party has suffered, any
unfair profits made by the infringer and, in appropriate cases, elements other than
economic factors, such as the moral prejudice caused to the right holder by the
infringement ; or
(b)
as an alternative to (a), they may, in appropriate cases, set the damages as a lump
sum on the basis of elements such as at least the amount of royalties or fees which
would have been due if the infringer had requested authorisation to use the
intellectual property right in question.
Where the infringer did not knowingly, or with reasonable grounds to know, engage in
infringing activity, the Parties may lay down that the judicial authorities may order in
favour of the injured party the recovery of profits or the payment of damages which may
be pre-established.
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Article 327
Legal costs
Each Party shall ensure that reasonable and proportionate legal costs and other expenses incurred
by the successful party shall as a general rule be borne by the unsuccessful party, unless equity
does not allow this.
Article 328
Publication of judicial decisions
Each Party shall ensure that, in legal proceedings instituted for infringement of an intellectual
property right, the judicial authorities may order, at the request of the applicant and at the
expense of the infringer, appropriate measures for the dissemination of the information
concerning the decision, including displaying the decision and publishing it in full or in part.
Article 329
Presumption of authorship or ownership
For the purposes of applying the measures, procedures and remedies provided for in this Section:
(a)
for the author of a literary or artistic work, in the absence of proof to the contrary, to be
regarded as such, and consequently to be entitled to institute infringement proceedings,
it shall be sufficient for his/her name to appear on the work in the usual manner;
(b)
the provision under (a) shall apply mutatis mutandis to the holders of rights related to
copyright with regard to their protected subject matter.
Sub-Section 2
Other Provisions
Article 330
Border measures
1.
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EN
Each Party shall, unless otherwise provided for in this Sub-Section, adopt procedures to
enable a right holder, who has valid grounds for suspecting that the importation,
exportation, re-exportation, entry or exit of the customs territory, placement under a
suspensive procedure or placement under a free zone or a free warehouse of goods
infringing an intellectual property right31 may take place, to lodge an application in
For the purposes of this provision, "goods infringing an intellectual property right" means:
(a) "counterfeit goods", namely:
(i) goods, including packaging, bearing without authorisation a trademark identical to the
trademark duly registered in respect of the same type of goods, or which cannot be distinguished in
its essential aspects from such a trademark, and which thereby infringes the trademark holder's
rights;
(ii) any trademark symbol such as a logo, label, sticker, brochure, instructions for use or guarantee
document, even if presented separately, on the same conditions as the goods referred to in point (i);
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writing with the competent authorities, whether administrative or judicial, for the
suspension by the customs authorities of the release or the detention of such goods.
2.
Each Party shall provide that when the customs authorities, in the course of their actions
and before an application has been lodged by a right holder or granted, have sufficient
grounds for suspecting that goods infringe an intellectual property right, they may
suspend the release of the goods or detain them in order to enable the right holder to
submit an application for action in accordance with the paragraph 1.
3.
Any rights or obligations concerning the importer which are established in domestic law
for the implementation of this Article and of Section 4 of Part III of the TRIPS
Agreement shall be also applicable to the exporter or to the holder of the goods.
4.
Each Party shall provide that its competent authorities require a right holder that requests
the procedures described in paragraph 1 to provide adequate evidence to satisfy the
competent authorities that, under the law of the Party providing the procedures, there is
prima facie an infringement of the right holder's intellectual property right, and to supply
sufficient information that may reasonably be expected to be within the right holder's
knowledge to make the suspect goods reasonably recognisable by the competent
authorities. The requirement to provide sufficient information shall not unreasonably
deter recourse to the procedures described in paragraph 1.
5.
With a view to establishing whether an intellectual property right has been infringed, the
customs office shall inform the right holder, at his/her request and if known, of the
names and addresses of the consignee, the consignor or the holder of the goods and the
origin and provenance of goods suspected of infringing an intellectual property right.
The customs office shall also give the applicant the opportunity to inspect goods whose
release has been suspended or which have been detained. When examining goods, the
customs office may take samples and hand them over or send them to the right holder, at
his/her request, strictly for the purposes of analysis and to facilitate the subsequent
procedure.
6.
The customs authorities shall be active in targeting and identifying shipments containing
goods suspected of infringing an intellectual property right on the basis of risk analysis
techniques. They shall set up systems for close cooperation with right holders including
effective mechanisms to collect information for the risk analysis.
7.
The Parties agree to cooperate with a view to eliminating international trade in goods
infringing intellectual property rights. In particular, for this purpose, they shall, where
appropriate, exchange information and arrange for cooperation between their competent
authorities with regard to trade in goods infringing intellectual property rights.
(iii) packaging materials bearing the trademark of counterfeit goods, presented separately, on the
same conditions as the goods referred to in point (i);
(b) "pirated goods", namely goods which are or contain copies made without the consent of the right-holder,
or of a person duly authorised by the holder in the country of production, and which are made directly or
indirectly from an article, where the making of that copy would have constituted an infringement of a
copyright or related right or design right under the law of the country of importation, regardless of whether
it is registered in domestic law;
(c) goods which, according to the law of the Party in which the application for customs action is made,
infringe a patent, a plant variety right, or a geographical indication.
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8.
For goods in transit through the territory of a Party destined for the territory of the other
Party, the former Party shall provide information to the latter Party to enable effective
enforcement against shipments of goods suspected of infringing an intellectual property
right.
9.
10.
The Customs Sub-Committee referred to in Article 200 of this Agreement shall act as
the responsible Committee to ensure the proper functioning and implementation of this
Article.
Article 331
Codes of conduct
1.
b)
the submission to the competent authorities of the Parties of draft codes of conduct
and of any evaluations of the application of these codes of conduct.
Article 332
Cooperation
EN
1.
2.
Subject to the provisions of Title VI (Financial Assistance, and Anti-Fraud and Control
Provisions) of this Agreement, areas of cooperation include, but are not limited to, the
following activities:
(a)
(b)
(c)
(d)
(e)
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EN
EN
(f)
(g)
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CHAPTER 10
COMPETITION
Section 1
Antitrust and Mergers
Article 333
Definitions
For the purposes of this Section:
1.
Competition authority means for the Union, the "European Commission"; and for the
Republic of Moldova, the "Competition Council".
2.
for the Union, Articles 101, 102 and 106 of the TFEU, Council Regulation (EC)
No 139/2004 on the control of concentrations between undertakings, and their
implementing regulations or amendments;
(b)
for the Republic of Moldova, Competition Law N 183 of 11 July 2012 and its
implementing regulations or amendments; as well as
(c)
any changes that the above-mentioned instruments may undergo after the entry
into force of this Agreement.
Article 334
Principles
The Parties recognise the importance of free and undistorted competition in their trade relations.
The Parties acknowledge that anti-competitive business practices have the potential to distort the
proper functioning of markets and undermine the benefits of trade liberalisation.
Article 335
Implementation
EN
1.
Each Party shall maintain in its respective territory comprehensive competition laws,
which effectively address anti-competitive agreements and concerted practices and
anticompetitive unilateral conduct of undertakings with dominant market power and
which provide effective control of concentrations.
2.
Each Party shall maintain an operationally independent authority with adequate human
and financial resources in order to effectively enforce the above-mentioned competition
laws.
3.
The Parties recognise the importance of applying their respective competition laws in a
transparent and non-discriminatory manner, respecting the principles of procedural
fairness and rights of defence of the undertakings concerned.
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Article 336
State monopolies, public undertakings and undertakings entrusted with special or exclusive
rights
1.
2.
1.
The Parties recognise the importance of cooperation and co-ordination between their
respective competition authorities to enhance effective competition law enforcement,
and to fulfil the objectives of this Agreement through the promotion of competition and
the curtailment of anti-competitive business conduct or anti-competitive transactions.
2.
To this end, each competition authority may inform the other competition authority of its
willingness to cooperate with respect to the enforcement activity of any of the Parties.
Neither Party shall be prevented from taking autonomous decisions on the matters
subject to the cooperation.
3.
The provisions on the dispute settlement mechanism in Chapter 14 (Dispute Settlement) of Title
V (Trade and Trade-related Matters) of this Agreement shall not apply to this Section.
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Section 2
State Aid
Article 339
General principles and scope
1.
State aid granted by the Republic of Moldova or by the Union or through the resources
of one of these, in any form whatsoever, which distorts or threatens to distort
competition by favouring certain undertakings or the production of certain goods and
services that affects trade between the Parties shall be incompatible with this Agreement.
2.
This Chapter shall not apply to state aid related to fisheries, products covered by Annex
1 of the WTO Agreement on Agriculture or other aids covered by the WTO Agreement
on Agriculture.
Article 340
Assessment of state aid
1.
State aid shall be assessed on the basis of the criteria arising from the application of the
competition rules applicable in the EU, in particular Article 107 TFEU and interpretative
instruments adopted by the EU Institutions, including the relevant jurisprudence of the
Court of Justice of the EU.
2.
The obligations deriving from this Article shall apply within five years from the date of
entry into force of this Agreement.
Article 341
State aid legislation and authority
EN
1.
The Parties shall adopt or maintain, as appropriate, legislation for the control of state aid.
They shall also establish or maintain, as appropriate, an operationally independent
authority entrusted with the powers necessary for the control of state aid. This authority
shall have inter alia, the powers to authorise state aid schemes and individual state aid
measures, as well as the powers to order the recovery of state aid that has been
unlawfully granted.
2.
The obligations deriving from this Article shall be fulfilled within two years from the
date of entry into force of this Agreement.
3.
Any state aid schemes instituted before the establishment of the state aid authority shall
be aligned within a period of eight years from the entry into force of this Agreement.
Without prejudice to other Chapters in this Agreement, the alignment period shall be
extended for a maximum period of up to ten years from the entry into force of this
Agreement with regard to state aid schemes instituted under the Moldovan Law on Free
Economic Zones No 440-XV of 27 July 2001.
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Article 342
Transparency
1.
Each Party shall ensure transparency in the area of state aid. To this end, each Party
shall, as of 1 January 2016, report every two years to the other Party, following the
methodology and the presentation of the EU annual survey on state aid. Such report is
deemed to have been provided if the relevant information is made available by the
Parties or on their behalf on a publicly accessible website.
2.
When exchanging information under this Chapter the Parties shall take into account the
limitations imposed by the requirements of professional and business secrecy.
Article 344
Review clause
The Parties shall keep under constant review the matters to which reference is made in this
Chapter. Each Party may refer such matters to the Association Committee in Trade configuration,
as set out in Article 438(4) of this Agreement. The Parties agree to review progress in
implementing this Chapter every two years after the entry into force of this Agreement, unless
both Parties agree otherwise.
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CHAPTER 11
TRADE RELATED ENERGY
Article 345
Definitions
For the purposes of this Chapter:
1.
"energy goods" means crude oil (HS code: 27.09), natural gas (HS code 27.11) and
electrical energy (HS code 27.16);
2.
3.
4.
unauthorised taking means any activity consisting of the unlawful taking of energy
goods from fixed infrastructure.
Article 346
Domestic regulated prices
1.
In accordance with the Accession Protocol of the Republic of Moldova to the Energy
Community the price for the supply of gas and electricity for non-household customers
shall be determined solely by supply and demand.
2.
By way of derogation from paragraph 1, a Party may impose in the general economic
interest32 an obligation on undertakings which relates to the price of supply of natural
gas and electricity (hereinafter referred to as "regulated price"). In case non-household
customers are not able to agree with a supplier on a price for electricity or natural gas
that is lower or equal to the regulated price for natural gas or electricity, non-household
customers shall have the right to enter into a contract for the supply of electricity or
natural gas with a supplier to regulated price obligations. In any case, the non-household
customers shall be free to negotiate and sign a contract with any alternative supplier.
3.
The Party imposing an obligation in accordance with paragraph 2 shall ensure that the
obligation is clearly defined, transparent, proportionate, non-discriminatory, verifiable
and of limited duration. When imposing any such obligation, the Party shall also
guarantee equality of access for other undertakings to consumers.
32
EN
The expression "general economic interest" shall be interpreted in the same way as in Article 106 of the
TFEU and in particular in accordance with the case law of the Court of Justice of the European Union.
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EN
4.
Where the price at which natural gas and electricity are sold on the domestic market is
regulated by a Party, that Party shall ensure that the methodology underlying the
calculation of the regulated price is published prior to the entry into force of the
regulated price.
Article 347
Prohibition of dual pricing
1.
2.
The exporting Party shall upon request of the other Party provide evidence that a
different price for the same energy goods sold on the domestic market and for export
does not result from a measure prohibited by paragraph 1.
Article 348
Transit
The Parties shall take any necessary measures to facilitate transit, consistent with the principle of
freedom of transit, and in accordance with Articles V.1, V.2, V.4 and V.5 of GATT 1994 and
Articles 7.1 and 7.3 of the Energy Charter Treaty, which are incorporated into and made part of
this Agreement.
Article 349
Transport
As regards transport of electricity and gas, in particular third party access to fixed infrastructure,
the Parties shall adapt their legislation, as referred to in Annex VIII to this Agreement and in the
Energy Community Treaty, in order to ensure that the tariffs, which shall be published prior to
their entry into force, the capacity allocation procedures and all other conditions are objective,
reasonable and transparent and that they do not discriminate on the basis of origin, ownership or
destination of the electricity or gas.
Article 350
Unauthorised taking of goods in transit
Each Party shall take all necessary measures to prohibit and address any unauthorised taking of
energy goods in transit through its territory by any entity subject to that Partys control or
jurisdiction.
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Article 351
Uninterrupted transit
1.
A Party shall not interfere with the transit of energy goods through its territory, except
where such interference is specifically provided for in a contract or other agreement
governing such transit.
2.
In the event of a dispute over any matter involving the Parties or one or more entities
subject to the control or jurisdiction of one of the Parties, a Party through the territory of
which energy goods transit shall not, prior to the conclusion of a dispute resolution
procedure under the relevant contract or agreement or of an emergency procedure under
Annex XXXI or under Chapter 14 (Dispute Settlement) of Title V (Trade and Traderelated Matters) of this Agreement, interrupt or reduce such transit, or permit any entity
subject to its control or jurisdiction, including a state trading enterprise, to interrupt or
reduce such transit, except under the circumstances provided in paragraph 1.
3.
A Party shall not be held liable for an interruption or reduction of transit pursuant to this
Article where that Party is unable to supply or to transit energy goods as a result of
actions attributable to a third country or an entity under the control or jurisdiction of a
third country.
Article 352
Transit obligation for operators
Each Party shall ensure that fixed infrastructure operators take any necessary measures to:
(a)
(b)
expeditiously restore the normal operation of such transit, which has been
accidentally interrupted or reduced.
Article 353
Regulatory authority for electricity and natural gas
EN
1.
2.
The decisions of and the procedures used by a regulatory authority shall be impartial
with respect to all market participants.
3.
An operator affected by a decision of a regulatory authority shall have the right to appeal
against that decision to an appeal body that is independent of the parties involved.
Where the appeal body is not judicial in character, written reasons for its decision shall
always be given and its decisions shall also be subject to review by an impartial and
independent judicial authority. Decisions taken by appeal bodies shall be effectively
enforced.
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Article 354
Relationship with the Energy Community Treaty
EN
1.
In the event of a conflict between the provisions of this Chapter and the provisions of the
Energy Community Treaty or the provisions of the Union legislation made applicable
under the Energy Community Treaty, the provisions of the Energy Community Treaty or
the provisions of the Union legislation made applicable under the Energy Community
Treaty shall prevail to the extent of such conflict.
2.
3.
Neither Party shall utilise the dispute settlement provisions of this Agreement in order to
allege a violation of the provisions of the Energy Community Treaty.
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CHAPTER 12
TRANSPARENCY
Article 355
Definitions
For the purposes of this Chapter:
1.
2.
"interested person" means any natural or legal person that may be subject to any rights
or obligations under measures of general application, within the meaning of Title V
(Trade and Trade-related Matters) of this Agreement.
Article 356
Objective and scope
Recognising the impact which regulatory environment may have on trade and investment
between the Parties, the Parties shall provide a predictable regulatory environment for economic
operators and efficient procedures, taking due account of the requirements of legal certainty and
proportionality.
Article 357
Publication
1.
2.
EN
are promptly and readily available via an officially designated medium and where
feasible, electronic means, in such a manner as to enable any person to become
acquainted with them;
(b)
provide an explanation of the objective of and the rationale for such measures; and
(c)
allow for sufficient time between publication and entry into force of such measure
except in duly justified cases.
(b)
(c)
endeavour to take into account the comments received from interested persons
with respect to such proposal.
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EN
Article 358
Enquiries and contact points
1.
In order to facilitate the communication between the Parties on any matter covered by
Title V (Trade and Trade-related Matters) of this Agreement, each Party shall designate
a contact point acting as a coordinator.
2.
3.
The Parties recognise that any response provided for in paragraph 2 may not be
definitive or legally binding but for information purposes only, unless otherwise
provided in their respective laws and regulations.
4.
Upon request of a Party, the other Party shall promptly provide information and respond
to questions pertaining to any measure of general application or any proposal to adopt or
to amend any measure of general application that the requesting Party considers might
affect the operation of Title V (Trade and Trade-related Matters) of this Agreement,
regardless of whether the requesting Party has been previously notified of that measure.
Article 359
Administration of measures of general application
Each Party shall administer in an objective, impartial and reasonable manner all measures of
general application. To this end, each Party, in applying such measures to particular persons,
goods or services of the other Party in specific cases, shall:
(a)
endeavour to provide interested persons, that are directly affected by a proceeding, with
a reasonable notice, in accordance with its procedures, when a proceeding is initiated,
including a description of the nature of the proceeding, a statement of the legal authority
under which the proceeding is initiated, and a general description of any issues in
controversy;
(b)
afford such interested persons a reasonable opportunity to present facts and arguments in
support of their positions prior to any final administrative action, when the time, the
nature of the proceeding, and the public interest permit; and
(c)
ensure that its procedures are based on and carried out in accordance with its law.
Article 360
Review and appeal
1.
EN
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EN
those responsible for them shall not have any substantial interest in the outcome of the
matter.
2.
Each Party shall ensure that, in any such tribunals or procedures, the parties to the
proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and the submissions of record or, where required by
the Partys law, the record compiled by the administrative authority.
3.
Each Party shall ensure that, subject to appeal or further review as provided in its law,
such decision shall be implemented by, and shall govern the practice of, the office or the
competent authority with respect to the administrative action at issue.
Article 361
Regulatory quality and performance and good administrative behaviour
1.
2.
The Parties subscribe to the principles of good administrative behaviour33, and agree to
cooperate in promoting them, including through the exchange of information and best
practices.
Article 362
Specific rules
The provisions of this Chapter shall apply without prejudice to any specific rules on transparency
established in other Chapters of Title V (Trade and Trade-related Matters) of this Agreement.
33
EN
As expressed in the Council of Europe's Recommendation of the Committee of Ministers to member states
on good administration, CM/Rec(2007)7 of 20 June 2007.
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CHAPTER 13
TRADE AND SUSTAINABLE DEVELOPMENT
Article 363
Context and objectives
1.
The Parties recall the Agenda 21 of the United Nations Conference on Environment and
Development of 1992, the International Labour Organisations (ILO) Declaration on
Fundamental Principles and Rights at Work of 1998, the Johannesburg Plan of
Implementation on Sustainable Development of 2002, the Ministerial declaration of the
UN Economic and Social Council on Generating Full and Productive Employment and
Decent Work for All of 2006, and the ILO Declaration on Social Justice for a Fair
Globalisation of 2008. The Parties reaffirm their commitment to promote the
development of international trade, in such a way as to contribute to the objective of
sustainable development, for the welfare of present and future generations, and to ensure
that this objective is integrated and reflected at every level of their trade relationship.
2.
The Parties reaffirm their commitment to pursue sustainable development and recognise
that economic development, social development and environmental protection are its
interdependent and mutually reinforcing pillars. They underline the benefit of
considering trade-related labour34 and environmental issues as part of a global approach
to trade and sustainable development.
Article 364
Right to regulate and levels of protection
1.
The Parties recognise the right of each Party to determine its sustainable development
policies and priorities, to establish its own levels of domestic environmental and labour
protection, and to adopt or modify accordingly its relevant law and policies, consistently
with their commitment to the internationally recognised standards and agreements
referred to in Articles 365 and 366 of this Agreement.
2.
In this context, each Party shall strive to ensure that its law and policies provide for and
encourage high levels of environmental and labour protection and shall strive to
continue to improve those law and policies and the underlying levels of protection.
Article 365
Multilateral labour standards and agreements
1.
34
EN
The Parties recognise full and productive employment and decent work for all as key
elements for managing globalisation, and reaffirm their commitment to promote the
development of international trade in a way that is conducive to full and productive
employment and decent work for all. In this context, the Parties commit to consulting
and cooperating as appropriate on trade-related labour issues of mutual interest.
When labour is referred to in this Chapter, it includes the issues relevant to the strategic objectives of the
ILO, through which the Decent Work Agenda is expressed, as agreed on in the ILO 2008 Declaration on
Social Justice for a Fair Globalisation.
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EN
2.
In accordance with their obligations as members of the ILO and the ILO Declaration on
Fundamental Principles and Rights at Work and its Follow-up, adopted by the
International Labour Conference at its 86th Session in 1998, the Parties commit to
respecting, promoting and realising in their law and practice and in their whole territory
the internationally recognised core labour standards, as embodied in the fundamental
ILO Conventions, and in particular:
(a) the freedom of association and the effective recognition of the right to collective
bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in respect of employment and occupation.
3.
The Parties reaffirm their commitment to effectively implement in their law and practice
the fundamental, the priority and other ILO Conventions ratified by the Republic of
Moldova and the EU Member States, respectively.
4.
The Parties will also consider the ratification of the remaining priority and other
Conventions that are classified as up-to-date by the ILO. In this context, the Parties shall
regularly exchange information on their respective situation and advancement in the
ratification process.
5.
The Parties recognise that the violation of fundamental principles and rights at work
cannot be invoked or otherwise used as a legitimate comparative advantage and that
labour standards should not be used for protectionist trade purposes.
Article 366
Multilateral environmental governance and agreements
EN
1.
2.
The Parties reaffirm their commitment to effectively implement in their law and practice
the multilateral environmental agreements (MEAs) to which they are party.
3.
The Parties shall regularly exchange information on their respective situation and
advancements as regards ratifications of MEAs or amendments to such agreements.
4.
The Parties reaffirm their commitment to reaching the ultimate objective of the United
Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol.
They commit to cooperate on the development of the future international climate change
framework under the UNFCCC and its related agreements and decisions.
5.
Nothing in this Agreement shall prevent the Parties from adopting or maintaining
measures to implement the MEAs to which they are party, provided that such measures
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EN
are not applied in a manner that would constitute a means of arbitrary or unjustifiable
discrimination between the Parties or a disguised restriction on trade.
Article 367
Trade and investment promoting sustainable development
The Parties reconfirm their commitment to enhance the contribution of trade to the goal of
sustainable development in its economic, social and environmental dimensions. Accordingly:
(a)
The Parties recognise the beneficial role that core labour standards and decent work can
have on economic efficiency, innovation and productivity, and they shall seek greater
policy coherence between trade policies, on the one hand, and labour policies on the
other.
(b)
The Parties shall strive to facilitate and promote trade and investment in environmental
goods and services, including through addressing related non-tariff barriers.
(c)
The Parties shall strive to facilitate the removal of obstacles to trade or investment
concerning goods and services of particular relevance to climate change mitigation, such
as sustainable renewable energy and energy efficient products and services, including
through the adoption of policy frameworks conducive to the deployment of best
available technologies and through the promotion of standards that respond to
environmental and economic needs and minimise technical obstacles to trade.
(d)
The Parties agree to promote trade in goods that contribute to enhanced social conditions
and environmentally sound practices, including goods that are the subject of voluntary
sustainability assurance schemes such as fair and ethical trade schemes, eco-labels, and
certification schemes for natural resource-based products.
(e)
The Parties agree to promote corporate social responsibility, including through exchange
of information and best practices. In this regard, the Parties refer to the relevant
internationally recognised principles and guidelines, such as the OECD Guidelines for
Multinational Enterprises, the UN Global Compact, and the ILO Tripartite Declaration
of Principles concerning Multinational Enterprises and Social Policy.
Article 368
Biological diversity
EN
1.
The Parties recognise the importance of ensuring the conservation and the sustainable
use of biological diversity as a key element for the achievement of sustainable
development, and reaffirm their commitment to conserve and sustainably use biological
diversity, in accordance with the Convention on Biological Diversity and other relevant
international instruments to which they are party.
2.
(b)
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EN
biodiversity and, where relevant, cooperating to maximise the impact and ensure
the mutual supportiveness of their respective policies;
(c)
(d)
cooperating at the regional and global levels with the aim of promoting the
conservation and the sustainable use of biological diversity in natural or
agricultural ecosystems, including endangered species, their habitat, specially
protected natural areas and genetic diversity; the restoration of ecosystems, and the
elimination or the reduction of negative environmental impacts resulting from the
use of living and non-living natural resources or of ecosystems.
Article 369
Sustainable management of forests and trade in forest products
EN
1.
The Parties recognise the importance of ensuring the conservation and the sustainable
management of forests and of forests' contribution to the Parties' economic,
environmental and social objectives.
2.
(b)
(c)
adopting measures to promote the conservation of forest cover and combat illegal
logging and related trade, including with respect to third countries, as appropriate;
(d)
(e)
promoting the listing of timber species under CITES where the conservation status
of that species is considered at risk; and
(f)
cooperating at the regional and the global levels with the aim of promoting the
conservation of forest cover and the sustainable management of all types of
forests, with use of certification promoting responsible management of the forests.
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EN
Article 370
Trade in fish products
Taking into account the importance of ensuring responsible management of fish stocks in a
sustainable manner as well as promoting good governance in trade, the Parties commit to:
(a)
(b)
(c)
(d)
cooperating in the fight against illegal, unreported and unregulated (IUU) fishing
and fishing related activities with comprehensive, effective and transparent
measures. The Parties shall also implement policies and measures to exclude IUU
products from trade flows and their markets.
Article 371
Upholding levels of protection
1.
2.
A Party shall not waive or derogate from, or offer to waive or derogate from, its
environmental or labour law as an encouragement for trade or the establishment, the
acquisition, the expansion or the retention of an investment or an investor in its territory.
3.
A Party shall not, through a sustained or recurring course of action or inaction, fail to
effectively enforce its environmental and labour law, as an encouragement for trade or
investment.
Article 372
Scientific information
When preparing and implementing measures aimed at protecting the environment or labour
conditions that may affect trade or investment, the Parties shall take account of available
scientific and technical information, and relevant international standards, guidelines or
recommendations if they exist, including the precautionary principle.
EN
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EN
Article 373
Transparency
Each Party, in accordance with its domestic law and Chapter 12 (Transparency) of Title V (Trade
and Trade-related Matters) of this Agreement, shall ensure that any measure aimed at protecting
the environment or labour conditions that may affect trade or investment is developed, introduced
and implemented in a transparent manner, with due notice and public consultation, and with
appropriate and timely communication to and consultation of non-state actors.
Article 374
Review of sustainability impacts
The Parties commit to review, monitor and assess the impact of the implementation of Title V
(Trade and Trade-related Matters) of this Agreement on sustainable development through their
respective participative processes and institutions, as well as those set up under this Agreement,
for instance through trade-related sustainability impact assessments.
Article 375
Working together on trade and sustainable development
The Parties recognise the importance of working together on trade-related aspects of
environmental and labour policies in order to achieve the objectives of Title V (Trade and Traderelated Matters) of this Agreement. They may cooperate in, inter alia, the following areas:
EN
(a)
(b)
(c)
the impact of labour and environment regulations, norms and standards on trade and
investment, as well as the impact of trade and investment rules on labour and
environmental law, including on the development of labour and environmental
regulations and policy;
(d)
the positive and negative impacts of Title V (Trade and Trade-related Matters) of this
Agreement on sustainable development and ways to enhance, prevent or mitigate them,
respectively, also taking into account the sustainability impact assessments carried out
by either or both Parties;
(e)
promoting the ratification and the effective implementation of fundamental, priority and
other up-to-date ILO Conventions and MEAs of relevance in a trade context;
(f)
promoting private and public certification, traceability and labelling schemes, including
eco-labelling;
(g)
(h)
trade related aspects of the ILO Decent Work Agenda, including on the interlink
between trade and full and productive employment, labour market adjustment, core
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EN
labour standards, labour statistics, human resources development and lifelong learning,
social protection and social inclusion, social dialogue and gender equality;
(i)
(j)
trade-related aspects of the current and future international climate change regime,
including means to promote low-carbon technologies and energy efficiency;
(k)
trade-related measures to promote the conservation and the sustainable use of biological
diversity;
(l)
(m)
1.
Each Party shall designate an office within its administration that shall serve as the
contact point with the other Party for purposes of implementing this Chapter.
2.
3.
The Trade and Sustainable Development Sub-Committee shall meet within the first year
after the date this Agreement enters into force, and thereafter as necessary, to oversee
the implementation of this Chapter, including co-operative activities undertaken under
Article 375 of this Agreement. This Sub-Committee shall establish its own rules of
procedure.
4.
Each Party shall convene new or consult existing domestic advisory group(s) on
sustainable development with the task of advising on issues relating to this Chapter.
Such group(s) may submit views or recommendations on the implementation of this
Chapter, including on its (their) own initiative.
5.
1.
EN
The Parties shall facilitate a joint forum with civil society organisations established in
their territories, including members of their domestic advisory group(s), and the public
at large to conduct a dialogue on sustainable development aspects of this Agreement.
The Parties shall promote a balanced representation of relevant interests, including
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EN
The joint civil society dialogue forum shall be convened once a year unless otherwise
agreed by the Parties. The Parties shall agree on the operation of the joint civil society
dialogue forum no later than one year after the entry into force of this Agreement.
3.
The Parties shall present an update on the implementation of this Chapter to the joint
civil society dialogue forum. The views and the opinions of a joint civil society dialogue
forum shall be submitted to the Parties and shall be publicly available.
Article 378
Government consultations
1.
For any matter arising under this Chapter the Parties shall only have recourse to the
procedures established under this Article and Article 379 of this Agreement.
2.
A Party may request consultations with the other Party regarding any matter arising
under this Chapter by delivering a written request to the contact point of the other Party.
The request shall present the matter clearly, identifying the problem at issue and
providing a brief summary of the claims under this Chapter. Consultations shall start
promptly after a Party delivers a request for consultations.
3.
The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the
matter. The Parties shall take into account the activities of the ILO or relevant
multilateral environmental organisations or bodies so as to promote greater cooperation
and coherence between the work of the Parties and these organisations. Where relevant,
the Parties may seek advice from these organisations or bodies, or any person or body
they deem appropriate, in order to fully examine the matter.
4.
If a Party considers that the matter needs further discussion, that Party may request that
the Trade and Sustainable Development Sub-Committee be convened to consider the
matter by delivering a written request to the contact point of the other Party. This SubCommittee shall convene promptly and endeavour to agree on a resolution of the matter.
5.
Where appropriate, this Sub-Committee may seek the advice of the domestic advisory
group(s) of either or both Party(ies) or other expert assistance.
6.
Any resolution reached by the consulting Parties on the matter shall be made publicly
available.
Article 379
Panel of Experts
EN
1.
A Party may, 90 days after the delivery of a request for consultations under Article
378(2) of this Agreement, request that a Panel of Experts be convened to examine a
matter that has not been satisfactorily addressed through government consultations.
2.
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EN
Conduct for Arbitrators and Mediators (Code of Conduct), set out in Annex XXXIV to
this Agreement, shall apply, except as otherwise provided in this Article.
EN
3.
At its first meeting after the entry into force of this Agreement, the Trade and
Sustainable Development Sub-Committee shall establish a list of at least 15 individuals
who are willing and able to serve as experts in Panel procedures. Each Party shall
propose at least five individuals to serve as experts. The Parties shall also select at least
five individuals who are not nationals of either Party to serve as chairperson to the Panel
of Experts. The Trade and Sustainable Development Sub-Committee shall ensure that
the list is always maintained at this level.
4.
The list referred to in paragraph 3 shall comprise individuals with specialised knowledge
or expertise in law, labour or environmental issues addressed in this Chapter, or the
resolution of disputes arising under international agreements. They shall be independent,
serve in their individual capacities and not take instructions from any organisation or
government with regard to issues related to the matter at stake, or be affiliated with the
government of any Party, and shall comply with the Code of Conduct of this Agreement.
5.
For matters arising under this Chapter, the Panel of Experts shall be composed of experts
from the list referred to in paragraph 3, in accordance with Article 385 of this
Agreement and rule 8 of the Rules of Procedure set out in Annex XXXIII to this
Agreement.
6.
The Panel of Experts may seek information and advice from either Party, the domestic
advisory group(s) or any other source it deems appropriate. In matters related to the
respect of multilateral agreements as set out in Articles Articles 365 and 366 of this
Agreement, the Panel of Experts should seek information and advice from the ILO or
MEA bodies.
7.
The Panel of Experts shall issue its report to the Parties, in accordance with the relevant
procedures set out in Chapter 14 (Dispute Settlement) of Title V (Trade and Traderelated Matters) of this Agreement. This report shall set out the findings of facts, the
applicability of the relevant provisions and the basic rationale behind any findings and
recommendations that it makes. The Parties shall make the report publicly available
within 15 days of its issuance.
8.
The Parties shall discuss appropriate measures to be implemented taking into account
the Panel of Experts report and recommendations. The Party concerned shall inform its
advisory group(s) and the other Party of its decisions on any action or measure to be
implemented no later than three months after the public release of the report. The
follow-up to the report and the recommendations of the Panel of Experts shall be
monitored by the Trade and Sustainable Development Sub-Committee. The advisory
bodies and the Joint Civil Society Dialogue Forum may submit observations to the Trade
and Sustainable Development Sub-Committee in this regard.
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CHAPTER 14
DISPUTE SETTLEMENT
Section 1
Objective and Scope
Article 380
Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding
and settling any dispute between the Parties concerning the interpretation and application of Title
V (Trade and Trade-related Matters) of this Agreement with a view to arriving at, where possible,
a mutually agreed solution.
Article 381
Scope of application
This Chapter shall apply with respect to any dispute concerning the interpretation and application
of the provisions of Title V (Trade and Trade-related Matters) of this Agreement, except as
otherwise provided.
Section 2
Consultations and Mediation
Article 382
Consultations
EN
1.
The Parties shall endeavour to resolve any dispute referred to in Article 381 of this
Agreement by entering into consultations in good faith with the aim of reaching a
mutually agreed solution.
2.
A Party shall seek consultations by means of a written request to the other Party, copied
to the Association Committee in Trade configuration, as set out in Article 438(4) of this
Agreement, giving reasons for the request, including by identifying the measure at issue
and the provisions referred to in Article 381 of this Agreement that it considers
applicable.
3.
Consultations shall be held within 30 days of the date of receipt of the request and take
place, unless the Parties agree otherwise, in the territory of the Party to which the request
is made. The consultations shall be deemed concluded within 30 days of the date of
receipt of the request, unless both Parties agree to continue consultations. Consultations,
in particular all information disclosed and positions taken by the Parties during these
proceedings, shall be confidential, and without prejudice to the rights of either Party in
any further proceedings.
4.
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EN
request by the requested Party, and shall be deemed concluded within those 15 days
unless both Parties agree to continue consultations.
5.
If the Party to which the request is made does not respond to the request for
consultations within ten days of the date of its receipt, or if consultations are not held
within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if the
Parties agree not to have consultations, or if consultations have been concluded and no
mutually agreed solution has been reached, the Party that sought consultations may have
recourse to Article 384 of this Agreement.
6.
During the consultations each Party shall deliver sufficient factual information, so as to
allow a complete examination of the manner in which the measure at issue could affect
the operation and the application of this Agreement.
7.
Where consultations concern the transport of energy goods through networks and one
Party views the resolution of the dispute as urgent because of an interruption, in full or
in part, of transport of natural gas, oil or electricity between the Parties the consultations
shall be held within three days of the date of the submission of the request, and shall be
deemed concluded three days after the date of the submission of the request unless both
Parties agree to continue consultations.
Article 383
Mediation
Any Party may request the other Party to enter into a mediation procedure with respect to any
measure adversely affecting trade or investment between the Parties pursuant to Annex XXXII of
this Agreement.
Section 3
Dispute Settlement Procedures
Sub-Section 1
Arbitration Procedure
Article 384
Initiation of the arbitration procedure
EN
1.
Where the Parties have failed to resolve the dispute by recourse to consultations as
provided for in Article 382 of this Agreement, the Party that sought consultations may
request the establishment of an arbitration panel in accordance with this Article.
2.
The request for the establishment of an arbitration panel shall be made in writing to the
other Party and the Association Committee in Trade configuration, as set out in Article
438(4) of this Agreement. The complaining Party shall identify in its request the
measure at issue, and it shall explain how such measure is inconsistent with the
provisions referred to in Article 381 of this Agreement in a manner sufficient to present
the legal basis for the complaint clearly.
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EN
Article 385
Establishment of the arbitration panel
1.
2.
Within ten days of the date of receipt by the Party complained against of the request for
the establishment of an arbitration panel, the Parties shall consult in order to reach an
agreement on the composition of the arbitration panel.
3.
In the event that the Parties are unable to agree on the composition of the arbitration
panel within the time frame laid down in paragraph 2, each Party may appoint an
arbitrator from its sub-list established under Article 404 of this Agreement within five
days from the expiry of the timeframe established in paragraph 2. If any of the Parties
fails to appoint the arbitrator, upon request of the other Party, the arbitrator shall be
selected by lot by the chair of the Association Committee in Trade configuration, as set
out in Article 438(4) of this Agreement, or the chair's delegate, from the sub-list of that
Party contained in the list established under Article 404 of this Agreement.
4.
Unless the Parties reach an agreement concerning the chairperson of the arbitration
panel within the timeframe established in paragraph 2, upon request of any of the
Parties, the chair of the Association Committee in Trade configuration or the chair's
delegate, shall select by lot the chairperson of the arbitration panel from the sub-list of
chairpersons contained in the list established under Article 404 of this Agreement.
5.
The chair of the Association Committee in Trade configuration, or the chair's delegate,
shall select the arbitrators within five days of the request referred to in paragraphs 3 and
4 by either Party.
6.
The date of establishment of the arbitration panel shall be the date on which the last of
the three selected arbitrators accepted the appointment according to the Rules of
Procedure in Annex XXXIII to this Agreement.
7.
Should any of the lists provided for in Article 404 of this Agreement not be established
or not contain sufficient names at the time a request is made pursuant to paragraphs 3
and 4, the arbitrators shall be drawn by lot from the individuals who have been formally
proposed by one or both of the Parties.
8.
Unless the Parties agree otherwise, in respect of a dispute concerning Chapter 11 (Traderelated Energy) of Title V (Trade and Trade-related Matters) of this Agreement which a
Party considers to be urgent because of an interruption, in full or in part, of any transport
of natural gas, oil, or electricity or a threat thereof between the Parties, paragraphs 3
(second sentence) and 4 shall apply without recourse to paragraph 2, and the period
referred to in paragraph 5 shall be two days.
Article 386
Preliminary ruling on urgency
If a Party so requests, the arbitration panel shall give a preliminary ruling within ten days of its
establishment on whether it deems the case to be urgent.
EN
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EN
Article 387
Arbitration panel report
1.
The arbitration panel shall notify an interim report to the Parties setting out the findings
of fact, the applicability of relevant provisions and the basic rationale behind any
findings and recommendations that it makes, not later than 90 days from the date of
establishment of the arbitration panel. Where it considers that this deadline cannot be
met, the chairperson of the arbitration panel must notify the Parties and the Association
Committee in Trade configuration, as set out in Article 438(4) of this Agreement, in
writing, stating the reasons for the delay and the date on which the arbitration panel
plans to notify its interim report. Under no circumstances should the interim report be
notified later than 120 days after the date of the establishment of the arbitration panel.
2.
A Party may submit a written request to the arbitration panel to review precise aspects of
the interim report within 14 days of its notification.
3.
4.
After considering any written comments by the Parties on the interim report, the
arbitration panel may modify its report and make any further examination it considers
appropriate. The findings of the final panel ruling shall include a sufficient discussion of
the arguments made at the interim review stage, and shall answer clearly to the questions
and observations of the Parties.
5.
EN
1.
2.
The conciliator shall seek an agreed resolution of the dispute or seek to agree a
procedure to achieve such resolution. If within 15 days of his/her appointment he/she
has failed to secure such agreement, he/she shall recommend a resolution to the dispute
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EN
or a procedure to achieve such resolution and shall decide on the terms and conditions to
be observed from a date which he/she shall specify until the dispute is resolved.
3.
The Parties and the entities under their control or jurisdiction shall respect
recommendations made under paragraph 2 on the terms and conditions for three months
following the conciliators decision or until resolution of the dispute, whichever is
earlier.
4.
The conciliator shall respect the Code of Conduct for Arbitrators and Mediators set out
in Annex XXXIV to this Agreement.
Article 389
Notification of the ruling of the arbitration panel
1.
The arbitration panel shall notify its final ruling to the Parties and to the Association
Committee in Trade configuration, as set out in Article 438 (4) of this Agreement,
within 120 days from the date of the establishment of the arbitration panel. Where it
considers that this deadline cannot be met, the chairperson of the arbitration panel shall
notify the Parties and the Association Committee in Trade configuration in writing,
stating the reasons for the delay and the date on which the arbitration panel plans to
notify its ruling. Under no circumstances should the ruling be notified later than 150
days from the date of the establishment of the arbitration panel.
2.
3.
The Party complained against shall take any measure necessary to comply promptly and in good
faith with the arbitration panel ruling.
Article 391
The reasonable period of time for compliance
1.
EN
If immediate compliance is not possible, the Parties shall endeavour to agree on the
period of time to comply with the ruling. In such a case, the Party complained against
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shall, no later than 30 days after the receipt of the notification of the arbitration panel
ruling to the Parties, notify the complaining Party and the Association Committee in
Trade configuration, as set out in Article 438(4) of this Agreement, of the time it will
require for compliance ("reasonable period of time") and provide reasons for the
proposed reasonable period of time.
2.
If there is disagreement between the Parties on the reasonable period of time to comply
with the arbitration panel ruling, the complaining Party shall, within 20 days of the
receipt of the notification made under paragraph 1 by the Party complained against,
request in writing the original arbitration panel to determine the length of the reasonable
period of time. Such request shall be notified simultaneously to the other Party and to
the Association Committee in Trade configuration. The original arbitration panel shall
notify its ruling to the Parties and to the Association Committee in Trade configuration
within 20 days from the date of the submission of the request.
3.
The Party complained against shall inform the complaining Party in writing of its
progress to comply with the arbitration panel ruling at least 30 days before the expiry of
the reasonable period of time.
4.
The reasonable period of time may be extended by mutual agreement of the Parties.
Article 392
Review of any measure taken to comply with the arbitration panel ruling
1.
The Party complained against shall notify the complaining Party and the Association
Committee in Trade configuration, as set out in Article 438(4) of this Agreement, before
the end of the reasonable period of time of any measure that it has taken to comply with
the arbitration panel ruling.
2.
In the event that there is disagreement between the Parties concerning the existence or
the consistency of any measure taken to comply under paragraph 1 with the provisions
referred to in Article 381 of this Agreement, the complaining Party may request in
writing the original arbitration panel to rule on the matter. Such request shall identify the
specific measure at issue and explain how such measure is inconsistent with the
provisions referred to in Article 381 of this Agreement, in a manner sufficient to present
the legal basis for the complaint clearly. The original arbitration panel shall notify its
ruling to the Parties and to the Association Committee in Trade configuration of this
Agreement within 45 days of the date of the submission of the request.
Article 393
Temporary remedies in case of non-compliance
1.
EN
If the Party complained against fails to notify any measure taken to comply with the
arbitration panel ruling before the expiry of the reasonable period of time, or if the
arbitration panel rules that no measure taken to comply exists or that the measure
notified under Article 392(1) of this Agreement is inconsistent with that Partys
obligations under the provisions referred to in Article 381 of this Agreement, the Party
complained against shall, if so requested by the complaining Party and after
consultations with that Party, present an offer for temporary compensation.
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2.
If the complaining Party decides not to request an offer for temporary compensation
under paragraph 1, or, in case such request is made, if no agreement on compensation is
reached within 30 days after the end of the reasonable period of time or of the
notification of the arbitration panel ruling under Article 392 of this Agreement that no
measure taken to comply exists or that a measure taken to comply is inconsistent with
the provisions referred to in Article 381 of this Agreement, the complaining Party shall
be entitled, upon notification to the other Party and to the Association Committee in
Trade configuration, as set out in Article 438(4) of this Agreement, to suspend
obligations arising from any provision referred to in Article 381 of this Agreement at a
level equivalent to the nullification or impairment caused by the violation. The
notification shall specify the level of suspension of obligations. The complaining Party
may implement the suspension at any moment after the expiry of ten days after the date
of receipt of the notification by the Party complained against, unless the Party
complained against has requested arbitration under paragraph 3.
3.
If the Party complained against considers that the level of suspension is not equivalent to
the nullification or impairment caused by the violation, it may request in writing the
original arbitration panel to rule on the matter. Such request shall be notified to the
complaining Party and to the Association Committee in Trade configuration before the
expiry of the ten day period referred to in paragraph 2. The original arbitration panel
shall notify its ruling on the level of the suspension of obligations to the Parties and to
the Association Committee in Trade configuration within 30 days of the date of the
submission of the request. Obligations shall not be suspended until the original
arbitration panel has notified its ruling, and any suspension shall be consistent with the
arbitration panel ruling.
4.
The suspension of obligations and the compensation foreseen in this Article shall be
temporary and shall not be applied after:
(a)
the Parties have reached a mutually agreed solution pursuant to Article 398 of this
Agreement; or
(b)
the Parties have agreed that the measure notified under Article 392(1) of this
Agreement brings the Party complained against into conformity with the
provisions referred to in Article 381 of this Agreement; or
(c)
any measure found to be inconsistent with the provisions referred to in Article 381
of this Agreement has been withdrawn or amended so as to bring it into
conformity with those provisions, as ruled under Article 392(1) of this Agreement.
Article 394
Remedies for urgent energy disputes
EN
1.
2.
By way of derogation from Articles 391, 392, and 393 of this Agreement, the
complaining Party may suspend obligations arising under Title V (Trade and Trade-
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EN
Should the Party complained against dispute the existence of a failure to comply or the
level of suspension or the failure to comply, it may initiate proceedings under Articles
393(3) and 395 of this Agreement which shall be examined on an expeditious basis. The
complaining Party shall be required to remove or adjust the suspension only once the
arbitration panel has ruled on the matter, and may maintain the suspension pending the
proceedings.
Article 395
Review of any measure taken to comply after the adoption of temporary remedies for noncompliance
EN
1.
The Party complained against shall notify the complaining Party and the Association
Committee in Trade configuration, as set out in Article 438(4) of this Agreement, of the
measure it has taken to comply with the ruling of the arbitration panel following the
suspension of concessions or following the application of temporary compensation, as
the case may be. With the exception of cases under paragraph 2, the complaining Party
shall terminate the suspension of concessions within 30 days from the receipt of the
notification. In cases where compensation has been applied, and with the exception of
cases under paragraph 2, the Party complained against may terminate the application of
such compensation within thirty 30 days from its notification that it has complied with
the ruling of the arbitration panel.
2.
If the Parties do not reach an agreement on whether the notified measure brings the Party
complained against into conformity with the provisions referred to in Article 381 of this
Agreement within 30 days of the date of receipt of the notification, the complaining
Party shall request in writing the original arbitration panel to rule on the matter. Such a
request shall be notified simultaneously to the other Party and to the Association
Committee in Trade configuration. The arbitration panel ruling shall be notified to the
Parties and to the Association Committee in Trade configuration within 45 days of the
date of the submission of the request. If the arbitration panel rules that the measure taken
to comply is in conformity with the provisions referred to in Article 381 of this
Agreement, the suspension of obligations or compensation, as the case may be, shall be
terminated. Where relevant, the complaining Party shall adapt the level of suspension of
concessions to the level determined by the arbitration panel.
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Sub-Section 3
Common Provisions
Article 396
Replacement of arbitrators
If in an arbitration proceeding under this Chapter, the original arbitration panel, or some of its
members, are unable to participate, withdraw, or need to be replaced because do not comply with
the requirements of the Code of Conduct, the procedure set out in Article 385 of this Agreement
shall apply. The time limit for the notification of the arbitration panel ruling shall be extended for
the time necessary for the appointment a new arbitrator but for no more than 20 days.
Article 397
Suspension and termination of arbitration and compliance procedures
The arbitration panel shall, at the written request of the Parties, suspend its work at any time for a
period agreed by the Parties not exceeding 12 consecutive months and shall resume its work
before the end of this period at the written request of the Parties or at the end of this period at the
written request of any Party. The requesting Party shall inform the Chairperson of the
Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement,
and the other Party, accordingly. If a Party does not request the resumption of the arbitration
panel's work at the expiry of the agreed suspension period, the procedure shall be terminated. The
suspension and termination of the arbitration panel's work are without prejudice to the rights of
either Party in another proceeding subject to Article 405 of this Agreement.
Article 398
Mutually agreed solution
The Parties may reach a mutually agreed solution to a dispute under this Chapter at any time.
They shall jointly notify the Association Committee in Trade configuration, as set out in Article
438(4) of this Agreement, and the chairperson of the arbitration panel, where applicable, of any
such solution. If the solution requires approval pursuant to the relevant domestic procedures of
either Party, the notification shall refer to this requirement, and the dispute settlement procedure
shall be suspended. If such approval is not required, or if the completion of any such domestic
procedures is notified, the dispute settlement procedure shall be terminated.
Article 399
Rules of procedure
EN
1.
Dispute settlement procedures under this Chapter shall be governed by the Rules of
Procedure set out in Annex XXXIII to this Agreement and by the Code of Conduct for
Arbitrators and Mediators set out in Annex XXXIV to this Agreement.
2.
Any hearing of the arbitration panel shall be open to the public unless provided
otherwise in the Rules of Procedure.
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EN
Article 400
Information and technical advice
At the request of a Party, or upon its own initiative, the arbitration panel may obtain any
information it deems appropriate for the arbitration panel proceeding from any source, including
the Parties involved in the dispute. The arbitration panel also has the right to seek the opinion of
experts as it deems appropriate. The arbitration panel shall consult the Parties before choosing
such experts. Natural or legal persons established in the territory of a Party may submit amicus
curiae briefs to the arbitration panel in accordance with the Rules of Procedure. Any information
obtained under this Article must be disclosed to each of the Parties and submitted for their
comments.
Article 401
Rules of interpretation
The arbitration panel shall interpret the provisions referred to in Article 381 of this Agreement in
accordance with customary rules of interpretation of public international law, including those
codified in the Vienna Convention on the Law of Treaties. The arbitration panel shall also take
into account relevant interpretations established in reports of panels and the Appellate Body
adopted by the WTO Dispute Settlement Body (DSB). The rulings of the arbitration panel cannot
add to or diminish the rights and obligations of the Parties provided in the provisions referred to
in this Agreement.
Article 402
Decisions and rulings of the arbitration panel
1.
The arbitration panel shall make every effort to take any decision by consensus. Where,
nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be
decided by majority vote. However, in no case dissenting opinions of arbitrators shall be
disclosed.
2.
The rulings of the arbitration panel shall be unconditionally accepted by the Parties.
They shall not create any rights or obligations to natural or legal persons. The rulings
shall set out the findings of fact, the applicability of the relevant provisions referred to in
Article 381 of this Agreement and the basic rationale behind any findings and
conclusions that they make. The Association Committee in Trade configuration, as set
out in Article 438(4) of this Agreement, shall make the rulings of the arbitration panel
publicly available in their entirety within ten days of their notification, unless it decides
not to do so in order to ensure the confidentiality of business confidential information.
Article 403
Referrals to the Court of Justice of the European Union
1.
EN
The procedures set out in this Article shall apply to disputes concerning the
interpretation and application of a provision of this Agreement relating to gradual
approximation contained in Chapter 3 (Technical Barriers to Trade), Chapter 4 (Sanitary
and Phytosanitary Measures), Chapter 5 (Customs and Trade Facilitation), Chapter 6
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1.
The Association Committee in Trade configuration, as set out in Article 438(4) of this
Agreement, shall, no later than six months after the entry into force of this Agreement,
establish a list of at least 15 individuals who are willing and able to serve as arbitrators.
The list shall be composed of three sub-lists: one sub-list for each Party and one sub-list
of individuals that are not nationals of either Party and who shall act as chairperson to
the arbitration panel. Each sub-list shall include at least five individuals. The
Association Committee in Trade configuration shall ensure that the list is always
maintained at this level.
2.
Arbitrators shall have specialised knowledge and experience of law and international
trade. They shall be independent, serve in their individual capacities and not take
instructions from any organisation or government, or be affiliated with the government
of any of the Parties, and shall comply with the Code of Conduct for Arbitrators and
Mediators.
3.
The Association Committee in Trade configuration, as set out in Article 438(4) of this
Agreement, may establish additional lists of 12 individuals with knowledge and
experience in specific sectors covered by this Agreement. Subject to the agreement of
the Parties, such additional lists shall be used to compose the arbitration panel in
accordance with the procedure set out in Article 385 of this Agreement.
Article 405
Relation with WTO obligations
EN
1.
Recourse to the dispute settlement provisions of this Chapter shall be without prejudice
to any action in the WTO framework, including dispute settlement proceedings.
2.
However, a Party shall not, for a particular measure, seek redress of a substantially
equivalent obligation under this Agreement and under the WTO Agreement in the two
fora. In such case, once a dispute settlement proceeding has been initiated, the Party
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EN
shall not bring a claim seeking redress for the breach of the substantially equivalent
obligation under the other Agreement to the other forum, unless the forum selected first
fails for procedural or jurisdictional reasons to make findings on the claim seeking
redress of that obligation.
3.
4.
Nothing in this Agreement shall preclude a Party from implementing the suspension of
obligations authorised by the DSB. The WTO Agreement shall not be invoked to preclude
a Party from suspending obligations under this Chapter.
Article 406
Time limits
EN
1.
All time limits laid down in this Chapter, including the limits for the arbitration panels to
notify their rulings, shall be counted in calendar days from the day following the act or
fact to which they refer, unless otherwise specified.
2.
Any time limit referred to in this Chapter may be modified by mutual agreement of the
Parties to the dispute. The arbitration panel may at any time propose to the Parties to
modify any time-limit referred to in this Chapter, stating the reasons for the proposal.
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CHAPTER 15
GENERAL PROVISIONS ON APPROXIMATION UNDER TITLE V
Article 407
Progress in approximation in trade-related areas
1.
2.
Upon request by the Union, and for the purposes of such discussion, the Republic of
Moldova shall submit to the Association Committee in Trade configuration or one of its
Sub-Committees, as appropriate, information in writing on progress in approximation and
on the effective implementation and enforcement of approximated domestic law, in
relation to the relevant Chapters of Title V (Trade and Trade-related Matters) of this
Agreement.
3.
The Republic of Moldova shall inform the Union when it considers that it has completed
the approximation provided for in any of the Chapters referred to in paragraph 1.
Article 408
Repeal of inconsistent domestic law
As part of the approximation, the Republic of Moldova shall withdraw provisions of its domestic
law or abolish domestic practices that are inconsistent with Union law or with its domestic law
approximated to the Union law in the trade related areas of Title V (Trade and Trade-related
Matters) of this Agreement.
Article 409
Assessment of approximation in trade-related areas
EN
1.
The assessment of approximation by the Union referred to in Title V (Trade and Traderelated Matters) of this Agreement shall start after the Republic of Moldova has informed
the Union pursuant to Article 407(3) of this Agreement, unless otherwise provided for in
Chapters 4 and 8 of Title V (Trade and Trade-related Matters) of this Agreement.
2.
The Union shall assess whether the legislation of the Republic of Moldova has been
approximated to Union law and whether it is implemented and enforced effectively. The
Republic of Moldova shall provide the Union with all necessary information to enable
such assessment, in a language to be mutually agreed.
3.
The assessment by the Union pursuant to paragraph 2 shall take into account the existence
and operation of relevant infrastructure, bodies and procedures in the Republic of
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EN
The assessment by the Union pursuant to paragraph 2 shall take account of the existence
of any domestic provisions or practices that are inconsistent with Union law or with the
domestic law approximated to the Union law in the trade related areas of Title V (Trade
and Trade-related Matters) of this Agreement.
5.
The Union shall inform the Republic of Moldova within 12 months about the results of its
assessment, unless otherwise provided. The Parties shall discuss the assessment in the
Association Committee in Trade configuration, as set out in Article 438(4) of this
Agreement, or its relevant Sub-Committees, in accordance with Article 452 of this
Agreement, unless otherwise provided.
Article 410
Developments relevant to approximation
EN
1.
The Republic of Moldova shall ensure the effective implementation of the approximated
domestic law and undertake any action necessary to reflect the developments in Union
law in its domestic law in the trade-related areas of Title V (Trade and Trade-related
Matters) of this Agreement.
2.
The Republic of Moldova shall refrain from any action that would undermine the
objective or the outcome of approximation under Title V (Trade and Trade-related
Matters) of this Agreement.
3.
The Union shall inform the Republic of Moldova about any final Commission proposals
to adopt or amend Union law relevant to approximation obligations incumbent on the
Republic of Moldova under Title V (Trade and Trade-related Matters) of this Agreement.
4.
The Republic of Moldova shall inform the Union of legislative proposals and measures,
including domestic practices, which may affect the fulfilment of its obligations under
Title V (Trade and Trade-related Matters) of this Agreement.
5.
Upon request, the Parties shall discuss the impact of any proposals or actions referred to
under paragraphs 3 and 4 on the legislation of the Republic of Moldova or on the
compliance with the obligations under Title V (Trade and Trade-related Matters) of this
Agreement.
6.
If, after an assessment has been made under Article 409 of this Agreement, the Republic
of Moldova modifies its domestic law to take account of changes in Chapters 3, 4, 5, 6, 8
and 10 of Title V (Trade and Trade-related Matters) of this Agreement a new assessment
by the Union shall be conducted pursuant to Article 409 of this Agreement. If the
Republic of Moldova takes any other action that could have an effect on the
implementation and enforcement of the approximated domestic law, a new assessment by
the Union may be conducted pursuant to Article 409 of this Agreement.
7.
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this Agreement, if the assessment referred to in paragraph 6 shows that the legislation of
the Republic of Moldova is no longer approximated to the Union law, or if the
Association Council fails to take a decision to update Title V (Trade and Trade-related
Matters) of this Agreement in line with developments in Union law.
8.
If the Union intends to implement any such suspension, it shall promptly notify the
Republic of Moldova. The Republic of Moldova may refer the matter to the Association
Committee in Trade configuration, as set out in Article 438(4) of this Agreement, within
one month from the date of the notification, providing a statement of reasons in writing.
The Association Committee in Trade configuration shall discuss the matter within three
months from the referral. If the matter is not referred to the Association Committee in
Trade configuration, or if it cannot be resolved by this Committee within three months
from the referral, the Union may implement the suspension of benefits. The suspension
shall be promptly lifted, if the Association Committee in Trade configuration
subsequently resolves the matter.
Article 411
Exchange of information
The exchange of information in relation to approximation under Title V (Trade and Trade-related
Matters) shall take place through the contact points established in Article 358(1) of this
Agreement.
Article 412
General provision
EN
1.
The Association Committee in Trade configuration, as set out in Article 438(4) of this
Agreement, shall adopt procedures to facilitate the assessment of the approximation and
to ensure the effective exchange of information pertaining to approximation, including the
form, content and language of the exchanged information.
2.
Any reference to a specific Union act in Title V (Trade and Trade-related Matters) of this
Agreement covers amendments, supplements and replacement measures published in the
Official Journal of the European Union before 29 November 2013.
3.
4.
Claims of violation of the provisions of this Chapter shall not be pursued under Chapter
14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement.
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EN
TITLE VI
FINANCIAL ASSISTANCE, AND ANTI-FRAUD AND CONTROL
PROVISIONS
EN
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EN
TITLE VI
FINANCIAL ASSISTANCE, AND ANTI-FRAUD AND CONTROL
PROVISIONS
CHAPTER 1
FINANCIAL ASSISTANCE
Article 413
The Republic of Moldova shall benefit from financial assistance through the relevant EU funding
mechanisms and instruments. The Republic of Moldova may also benefit from loans by the
European Investment Bank (EIB), European Bank for Reconstruction and Development (EBRD)
and other international financial institutions. The financial assistance will contribute to achieving
the objectives of this Agreement and will be provided in accordance with the following Articles.
Article 414
The main principles of financial assistance shall be set out in the relevant EU Financial
Instruments Regulations.
Article 415
The priority areas of the EU financial assistance agreed by the Parties shall be laid down in
annual action programmes based on multi-annual frameworks which reflect agreed policy
priorities. The amounts of assistance established in these programmes shall take into account the
Republic of Moldovas needs, sector capacities and progress with reforms, in particular in areas
covered by this Agreement.
Article 416
In order to permit optimum use of the resources available, the Parties shall endeavour to ensure
that EU assistance is implemented in close cooperation and coordination with other donor
countries, donor organisations and international financial institutions, and in line with
international principles of aid effectiveness.
Article 417
The fundamental legal, administrative and technical basis of financial assistance shall be
established within the framework of relevant agreements between the Parties.
Article 418
The Association Council shall be informed of the progress and implementation of financial
assistance and its impact upon pursuing the objectives of this Agreement. To that end, the
relevant bodies of the Parties shall provide appropriate monitoring and evaluation information on
a mutual and permanent basis.
EN
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EN
Article 419
The Parties shall implement assistance in accordance with the principles of sound financial
management and cooperate in the protection of the financial interests of the EU and of the
Republic of Moldova in accordance with Chapter 2 (Anti-Fraud and Control Provisions) of this
Title.
EN
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EN
CHAPTER 2
ANTI-FRAUD AND CONTROL PROVISIONS
Article 420
Definitions
For the purposes of this Chapter, the following definitions as set out in Protocol IV of this
Agreement shall apply.
Article 421
Scope
This Chapter shall be applicable to any further agreement or financing instrument to be
concluded between the Parties, and any other EU financing instrument to which the Republic of
Moldova may be associated, without prejudice to any other additional clauses covering audits,
on-the-spot checks, inspections, controls, and anti-fraud measures, including, those conducted by
the European Anti-Fraud Office (OLAF) and the European Court of Auditors (ECA).
Article 422
Measures to prevent and fight fraud, corruption and any other illegal activities
The Parties shall take effective measures to prevent and fight fraud, corruption and any other
illegal activities, inter alia by means of mutual administrative assistance and mutual legal
assistance in the fields covered by this Agreement.
Article 423
Exchange of information and further cooperation at operational level
1.
For the purposes of proper implementation of this Chapter, the competent authorities of
the Republic of Moldova and EU authorities shall regularly exchange information and,
at the request of one of the Parties, shall conduct consultations.
2.
The European Anti-Fraud Office (OLAF) may agree with its counterparts of the
Republic of Moldova on further cooperation in the field of anti-fraud, including
operational arrangements with the authorities of the Republic of Moldova.
3.
For the transfer and processing of personal data, Article 13 of Title III (Justice, Freedom,
and Security) of this Agreement shall apply.
Article 424
Prevention of irregularities, fraud and corruption
1.
EN
The authorities of the Republic of Moldova shall check regularly that the operations
financed with EU funds have been properly implemented. They shall take any
appropriate measure to prevent and remedy irregularities and fraud.
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EN
2.
The authorities of the Republic of Moldova shall take any appropriate measure to
prevent and remedy any active or passive corruption practices and exclude conflict of
interest at any stage of the procedures related to the implementation of EU funds.
3.
The authorities of the Republic of Moldova shall inform the Commission of any
prevention measure taken.
4.
5.
It shall also be entitled to obtain evidence that procedures on procurement and grants
satisfy the principles of transparency, equal treatment and non-discrimination, prevent
any conflict of interest, offer guarantees equivalent to internationally accepted standards
and ensure compliance with the provisions of sound financial management.
6.
To this end, the competent authorities of the Republic of Moldova shall provide the
Commission with any information related to the implementation of EU funds and shall
inform it without delay of any substantial change in their procedures or systems.
Article 425
Investigation and prosecution
The authorities of the Republic of Moldova shall ensure investigation and prosecution of
suspected and actual cases of fraud, corruption or any other irregularity including conflict of
interest, following national or EU controls. Where appropriate, OLAF may assist the competent
authorities of the Republic of Moldova in this task.
Article 426
Communication of fraud, corruption and irregularities
1.
The authorities of the Republic of Moldova shall transmit to the Commission without
delay any information which has come to their notice on suspected or actual cases of
fraud, corruption or any other irregularity, including conflict of interest, in connection
with the implementation of EU funds. In case of suspicion of fraud and corruption,
OLAF shall also be informed.
2.
The authorities of the Republic of Moldova shall also report on all measures taken in
connection with facts communicated under this article. Should there be no suspected or
actual cases of fraud, corruption, or any other irregularity to report, the authorities of the
Republic of Moldova shall inform the Commission following the end of each calendar
year.
Article 427
Audits
1.
EN
The Commission and the European Court of Auditors (ECA) are entitled to examine
whether all expenditure related to the implementation of EU funds has been incurred in a
lawful and regular manner and whether the financial management has been sound.
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EN
2.
Audits shall be carried out on the basis both of commitments undertaken and payments
made. They shall be based on records and, if necessary, performed on-the-spot on the
premises of any entity which manages or takes part in the implementation of EU funds.
The audits may be carried out before the closure of the accounts for the financial year in
question and for a period of five years from the date of payment of the balance.
3.
Commission inspectors or other persons mandated by the Commission or the ECA may
conduct documentary or on-the-spot checks and audits on the premises of any entity
which manages or takes part in the implementation of EU funds and of their
subcontractors in the Republic of Moldova.
4.
The Commission or other persons mandated by the Commission or the ECA shall have
appropriate access to sites, works and documents and to all the information required in
order to carry out such audits, including in electronic form. This right of access should
be communicated to all public institutions of the Republic of Moldova and shall be
stated explicitly in the contracts concluded to implement the instruments referred to in
this Agreement.
5.
The checks and audits described above are applicable to all contractors and
subcontractors who have received EU funds directly or indirectly. In the performance of
their tasks, the ECA and the audit bodies of the Republic of Moldova shall cooperate in
a spirit of trust while maintaining their independence.
Article 428
On-the-spot checks
EN
1.
Within the framework of this Agreement, the European Anti-Fraud Office (OLAF) shall
be authorised to carry out on-the-spot checks and inspections in order to protect the EU's
financial interests against fraud and other irregularities in accordance with the provisions
of Council Regulation (EC, Euratom) No 2185/96 of 11 November 1996.
2.
On-the-spot checks and inspections shall be prepared and conducted by OLAF in close
cooperation with the competent authorities of the Republic of Moldova.
3.
The authorities of the Republic of Moldova shall be notified in good time of the object,
purpose and legal basis of the checks and inspections, so that they can provide all the
requisite help. To that end, the officials of the competent authorities of the Republic of
Moldova may participate in the on-the-spot checks and inspections.
4.
If the authorities of the Republic of Moldova concerned express their interest, the onthe-spot checks and inspections may be carried out jointly by OLAF and them.
5.
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Article 429
Administrative measures and penalties
Administrative measures and penalties may be imposed by the Commission in accordance with
Regulations (EC, Euratom) No 1605/2002 of 25 June 2002 and (EC, Euratom) No 2342/2002 of
23 December 2002 and with Council Regulation (EC, Euratom) No 2988/95 of 18 December
1995 on the protection of the European Communities' financial interests.
Article 430
Recovery
1.
The authorities of the Republic of Moldova shall take any appropriate measure to
recover EU funds unduly paid.
2.
Where the authorities of the Republic of Moldova are entrusted with the implementation
of EU funds the Commission is entitled to recover EU funds unduly paid, in particular
through financial corrections. The Commission shall take into account the measures
taken by the authorities of the Republic of Moldova to prevent the loss of the EU funds
concerned.
3.
The Commission shall consult with the Republic of Moldova on the matter before taking
any decision on recovery. Disputes on recovery will be discussed in the Association
Council.
4.
5.
EN
The enforcement order shall be issued, without any further control than verification of
the authenticity of the act, by the authorities designated by the government of the
Republic of Moldova. Enforcement shall take place in accordance with the rules of
procedure of the Republic of Moldova. The legality of the enforcement decision shall be
subject to control by the Court of Justice of the European Union.
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EN
6.
Information communicated or acquired in any form under this Chapter shall be covered by
professional secrecy and protected in the same way as similar information is protected by the law
of the Republic of Moldova and by the corresponding provisions applicable to the EU
institutions. Such information may not be communicated to persons other than those in the EU
institutions, in the Member States or in the Republic of Moldova whose functions require them to
know it, nor may it be used for purposes other than to ensure effective protection of the Parties'
financial interests.
Article 432
Approximation of legislation
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and
international instruments referred to in Annex XXXV to this Agreement according to the
provisions of that Annex.
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TITLE VII
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
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TITLE VII
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
CHAPTER 1
INSTITUTIONAL FRAMEWORK
Article 433
Political and policy dialogue, including on issues related to sectoral cooperation between the
Parties may take place at any level. Periodic high-level policy dialogue shall take place within the
Association Council established by Article 434 of this Agreement and within the framework of
regular meetings between representatives of the Parties at ministerial level by mutual agreement.
Article 434
1.
2.
The Association Council shall meet at ministerial level and at regular intervals, at least
once a year, and when circumstances require. The Association Council may meet in any
configuration, by mutual agreement.
3.
1.
The Association Council shall consist of members of the Council of the European Union
and members of the European Commission, on the one hand, and of members of the
Government of the Republic of Moldova, on the other.
2.
3.
The Association Council shall be chaired in turn by a representative of the Union and a
representative of the Republic of Moldova.
4.
Where appropriate, and by mutual agreement, representatives of other bodies may take
part as observers in the work of the Association Council.
Article 436
1.
EN
For the purpose of attaining the objectives of this Agreement, the Association Council
shall have the power to take decisions within the scope of this Agreement. Such
decisions shall be binding upon the Parties, which shall take appropriate measures,
including if necessary action of bodies established under this Agreement, to implement
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the decisions taken. The Association Council may also make recommendations. It shall
adopt its decisions and recommendations by agreement between the Parties following
completion of the respective internal procedures.
2.
3.
In accordance with paragraph 1 of this Article, the Association Council shall have the
power to update or amend the Annexes to this Agreement without prejudice to any
specific provisions under Title V (Trade and Trade-related Matters) of this Agreement.
Article 437
1.
2.
3.
The Association Committee shall be chaired in turn by a representative of the Union and
a representative of the Republic of Moldova.
Article 438
1.
The Association Council shall determine in its rules of procedure the duties and
functioning of the Association Committee, whose responsibilities shall include the
preparation of meetings of the Association Council. The Association Committee shall
meet at least once a year.
2.
The Association Council may delegate to the Association Committee any of its powers,
including the power to take binding decisions.
3.
The Association Committee shall have the power to adopt decisions in the cases
provided for in this Agreement and in areas in which the Association Council has
delegated powers to it. These decisions shall be binding upon the Parties, which shall
take appropriate measures to implement them. The Association Committee shall adopt
its decisions by agreement between the Parties.
4.
The Association Committee shall meet in a specific configuration to address all issues
related to Title V (Trade and Trade-related Matters) of this Agreement. The Association
Committee shall meet in this configuration at least once a year.
Article 439
EN
1.
2.
The Association Council may decide to set up any special committee or body in specific
areas necessary for the implementation of this Agreement, and shall determine the
composition, duties and functioning of such special committees or bodies. In addition,
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such special committees or bodies may hold discussions on any matter that they consider
relevant without prejudice to any of the specific provisions of Title V (Trade and Traderelated Matters) of this Agreement.
3.
The Association Committee may also create sub-committees, including to take stock of
progress achieved in the regular dialogues referred to in this Agreement.
4.
The sub-committees shall have the powers to take decisions in the cases provided for in
this Agreement. They shall report on their activities to the Association Committee
regularly, as required.
5.
The sub-committees established under Title V (Trade and Trade-related Matters) of this
Agreement shall inform the Association Committee in its Trade configuration, as set out
in Article 438(4) of this Agreement, of the date and agenda of their meetings sufficiently
in advance of their meetings. They shall report on their activities at each regular meeting
of the Association Committee in Trade configuration, as set out in Article 438(4) of this
Agreement.
6.
The existence of any of the sub-committees shall not prevent either Party from bringing
any matter directly to the Association Committee, including in its Trade configuration,
as set out in Article 438(4) of this Agreement.
Article 440
1.
2.
3.
The Parliamentary Association Committee shall establish its own rules of procedure.
4.
EN
1.
2.
3.
4.
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Article 442
1.
The Parties shall also promote regular meetings of representatives of their civil societies,
in order to keep them informed of, and gather their input for, the implementation of this
Agreement.
2.
A Civil Society Platform is hereby established. It shall be a forum to meet and exchange
views for, and consist of, representatives of Civil Society on the side of the EU,
including Members of the European Economic and Social Committee, and
representatives of civil society on the side of the Republic of Moldova. It shall meet at
intervals which it shall itself determine.
3.
The Civil Society Platform shall establish its own rules of procedure.
4.
The Civil Society Platform shall be chaired in turn by a representative of the European
Economic and Social Committee and representatives of civil society on the side of the
Republic of Moldova respectively, in accordance with the provisions to be laid down in
its rules of procedure.
Article 443
EN
1.
The Civil Society Platform shall be informed of the decisions and recommendations of
the Association Council.
2.
The Civil Society Platform may make recommendations to the Association Council.
3.
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CHAPTER 2
GENERAL AND FINAL PROVISIONS
Article 444
Access to courts and administrative organs
Within the scope of this Agreement, the Parties undertake to ensure that natural and legal persons
of the other Party have access that is free of discrimination in relation to its own nationals to its
competent courts and administrative organs, to defend their individual rights and property rights.
Article 445
Access to official documents
The provisions of this Agreement shall be without prejudice to the application of the relevant
internal laws and regulations of the Parties regarding public access to official documents.
Article 446
Security Exceptions
Nothing in this Agreement shall prevent a Party from taking any measures:
(a)
(b)
which relate to the production of, or trade in, arms, munitions or war materials or to
research, development or production indispensable for defence purposes, provided that
such measures do not impair the conditions of competition in respect of products not
intended for specifically military purposes;
(c)
which it considers essential to its own security, in the event of serious internal
disturbances affecting the maintenance of law and order, in time of war or serious
international tension constituting threat of war, or in order to carry out obligations it has
accepted for the purpose of maintaining peace and international security.
Article 447
Non-discrimination
1.
In the fields covered by this Agreement and without prejudice to any special provisions
contained therein:
(a) the arrangements applied by the Republic of Moldova in respect of the Union or
the Member States shall not give rise to any discrimination between the Member
States, their nationals, companies or firms;
(b) the arrangements applied by the Union or the Member States in respect of the
Republic of Moldova shall not give rise to any discrimination between nationals,
companies or firms of the Republic of Moldova.
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2.
The provisions of paragraph 1 shall be without prejudice to the right of the Parties to
apply the relevant provisions of their fiscal legislation to taxpayers who are not in
identical situations as regards their place of residence.
Article 448
Gradual Approximation
The Republic of Moldova shall carry out gradual approximation of its legislation to EU law and
international instruments as referred to in the Annexes to this Agreement, based on commitments
identified in this Agreement, and according to the provisions of those Annexes. This provision
shall be without prejudice to any specific provisions and obligations on approximation under
Title V (Trade and Trade-related Matters) of this Agreement.
Article 449
Dynamic approximation
In line with the goal of gradual approximation by the Republic of Moldova to EU law, and in
particular as regards the commitments identified in Titles III, IV, V and VI of this Agreement,
and according to the provisions of the Annexes, the Association Council shall periodically revise
and update those Annexes, including to take into account the evolution of EU law as defined in
this Agreement. This provision shall be without prejudice to any specific provisions under Title
V (Trade and Trade-related Matters) of this Agreement.
Article 450
Monitoring
Monitoring shall mean the continuous appraisal of progress in implementing and enforcing
measures covered by this Agreement. The Parties will cooperate in order to facilitate the
monitoring process in the framework of the institutional bodies established by this Agreement.
Article 451
Assessment of Approximation
EN
1.
The EU shall assess the approximation of the Republic of Moldovan law to EU law, as
defined in this Agreement. This includes aspects of implementation and enforcement.
These assessments may be conducted by the EU individually, by the EU in agreement
with the Republic of Moldova, or jointly by the Parties. To facilitate the assessment
process, the Republic of Moldova shall report to the EU on progress in approximation,
where appropriate before the end of the transitional periods set out in this Agreement in
relation to EU legal acts. The reporting and assessment process, including modalities
and frequency of assessments will take into account specific modalities laid down in this
Agreement or decisions by the institutional bodies established by this Agreement.
2.
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Article 452
Results of Monitoring, including assessments of approximation
1.
2.
If the Parties agree that necessary measures covered by Title V (Trade and Trade-related
Matters) of this Agreement have been implemented and are being enforced, the
Association Council, under the powers conferred on it by Article 436 of this Agreement,
shall agree on further market opening as defined in Title V (Trade and Trade-related
Matters) of this Agreement.
3.
1.
The Parties shall take any general or specific measures required to fulfil their obligations
under this Agreement. They shall ensure that the objectives set out in this Agreement are
attained.
2.
The Parties agree to consult promptly through appropriate channels at the request of
either Party, to discuss any matter concerning the interpretation, implementation, or
good faith application of this Agreement and other relevant aspects of the relations
between the Parties.
3.
The Parties shall refer to the Association Council any dispute related to the
interpretation, implementation, or good faith application of this Agreement in
accordance with Article 454 of this Agreement. The Association Council may settle a
dispute by means of a binding decision.
Article 454
Dispute Settlement
EN
1.
When a dispute arises between the Parties concerning the interpretation, implementation,
or good faith application of this Agreement, any Party shall submit to the other Party and
the Association Council a formal request that the matter in dispute be resolved. By way
of derogation, disputes concerning the interpretation, implementation, or good faith
application of Title V (Trade and Trade-related Matters) shall be exclusively governed
by Chapter 14 (Dispute Settlement) of that Title.
2.
The Parties shall endeavour to resolve the dispute by entering into good faith
consultations within the Association Council and other relevant bodies referred to in
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Articles 437 and 439 of this Agreement, with the aim of reaching a mutually acceptable
solution in the shortest time possible.
3.
The Parties shall provide the Association Council and other relevant bodies with all
information required for a thorough examination of the situation.
4.
5.
EN
1.
A Party may take appropriate measures if the matter at issue is not resolved within three
months of the date of notification of a formal request for dispute settlement according to
Article 454 of this Agreement and if the complaining Party continues to consider that the
other Party has failed to fulfil an obligation under this Agreement. The requirement for a
three-month consultation period shall not apply to exceptional cases set out in paragraph
3 of this Article.
2.
In the selection of appropriate measures, priority shall be given to those which least
disturb the functioning of this Agreement. Except in cases described in paragraph 3 of
this Article, such measures may not include the suspension of any rights or obligations
provided for under provisions of this Agreement set out in Title V (Trade and Traderelated Matters). The measures taken under paragraph 1 shall be notified immediately to
the Association Council and shall be the subject of consultations in accordance with
paragraph 2 of Article 453, and of dispute settlement in accordance with paragraph 3 of
Article 453 and Article 454 of this Agreement.
3.
(b)
violation by the other Party of any of the essential elements of this Agreement,
referred to in Article 2 of Title I (General Principles) of this Agreement.
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The Partnership and Cooperation Agreement between the European Communities and
their Member States, on the one hand, and the Republic of Moldova, on the other hand,
signed in Luxembourg on 28 November 1994 and which entered into effect on 1 July
1998 is hereby repealed.
2.
3.
This Agreement replaces the Agreement between the European Union and the Republic
of Moldova on the protection of geographical indications of agricultural products and
foodstuff, signed on 26 June 2012 in Brussels and which entered into force on 1 April
2013.
Article 457
1.
This Agreement shall not, until equivalent rights for individuals and economic operators
have been achieved under this Agreement, affect rights ensured to them through existing
agreements binding one or more Member States, on the one hand, and Republic of
Moldova on the other hand.
2.
Existing agreements relating to specific areas of cooperation falling within the scope of
this Agreement shall be considered part of the overall bilateral relations as governed by
this Agreement and as forming part of a common institutional framework.
Article 458
1.
The Parties may complement this Agreement by concluding specific agreements in any
area falling within its scope. Such agreements shall be an integral part of the overall
bilateral relations as governed by this Agreement and shall form part of a common
institutional framework.
2.
Without prejudice to the relevant provisions of the Treaty on European Union and the
Treaty on the Functioning of the European Union, neither this Agreement nor action
taken hereunder shall in any way affect the powers of the Member States to undertake
bilateral cooperation activities with the Republic of Moldova or to conclude, where
appropriate, new cooperation agreements with the Republic of Moldova.
Article 459
Annexes and Protocols
EN
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Article 460
Duration
1.
2.
Either Party may denounce this Agreement by notifying the other Party. This Agreement
shall terminate six months from the date of receipt of such notification.
Article 461
Definition of the Parties
For the purposes of this Agreement, the term "the Parties" shall mean the EU, or its Member
States, or the EU and its Member States, in accordance with their respective powers as derived
from the Treaty on European Union (TEU) and the Treaty on the Functioning of the European
Union (TFEU), and, where relevant, it shall also refer to Euratom, in accordance with its powers
under the Treaty establishing the European Atomic Energy Community of the one part, and
Republic of Moldova of the other part.
Article 462
Territorial application
EN
1.
This Agreement shall apply, of the one part, to the territories in which the Treaty on
European Union (TEU), the Treaty on the Functioning of the European Union (TFEU)
and the Treaty establishing the European Atomic Energy Community are applied and
under the conditions laid down in those Treaties, and, without prejudice to paragraph 2
below, of the other part, to the territory of the Republic of Moldova.
2.
3.
The Association Council shall adopt a decision on when the full implementation and
enforcement of this Agreement, or of Title V (Trade and Trade-related Matters) thereof,
on the entire territory of the Republic of Moldova, is ensured.
4.
Should a Party consider that the full implementation and enforcement of this Agreement,
or of Title V (Trade and Trade-related Matters) thereof, respectively, is no longer
ensured in the areas of the Republic of Moldova referred to in paragraph 2 of this
Article, that Party may request the Association Council to reconsider the continued
application of this Agreement, or of Title V (Trade and Trade-related Matters) thereof,
respectively, in relation to the areas concerned. The Association Council shall examine
the situation and adopt a decision on the continued application of this Agreement, or of
Title V (Trade and Trade-related Matters) thereof, respectively, within three months of
the request. If the Association Council does not adopt a decision within three months of
the request, the application of this Agreement or of Title V (Trade and Trade-related
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Matters) thereof, respectively, shall be suspended in relation to the areas concerned until
the Association Council adopts a decision.
5.
Decisions of the Association Council under this Article on the application of Title V
(Trade and Trade-related Matters) of this Agreement shall cover the entirety of that Title
and cannot only cover parts thereof.
Article 463
Depositary of this Agreement
The General Secretariat of the Council of the European Union shall be the depositary of this
Agreement.
Article 464
Authentic texts
This Agreement shall be drawn up in duplicate in each of the official languages of the Parties,
each of these texts being equally authentic.
Article 465
Entry into force and provisional application
1.
The Parties shall ratify or approve this Agreement in accordance with their internal
procedures. The instruments of ratification or approval shall be deposited with the
General Secretariat of the Council of the European Union.
2.
This Agreement shall enter into force on the first day of the second month following the
date of the deposit of the last instrument of ratification or approval.
3.
Notwithstanding paragraph 2 of this Article, the Union and the Republic of Moldova
agree to provisionally apply this Agreement in part, as specified by the Union, as set out
in paragraph 4 of this Article, and in accordance with their respective internal
procedures and legislation as applicable.
4.
The provisional application shall be effective from the first day of the second month
following the date of receipt by the Depositary of the following:
(a) the Union's notification on the completion of the procedures necessary for this
purpose, indicating the parts of the Agreement that shall be provisionally applied;
and
(b) Republic of Moldova's notification of the completion of the procedures necessary for
provisional application of this Agreement.
5.
EN
For the purpose of the relevant provisions of this Agreement, including its respective
Annexes and Protocols, any reference in such provisions to the date of entry into force
of this Agreement shall be understood to the date from which this Agreement is
provisionally applied in accordance with paragraph 3 of this Article.
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6.
During the period of the provisional application, in so far as the provisions of the
Partnership and Cooperation Agreement between the European Communities and their
Member States, on the one hand, and Republic of Moldova, on the other hand, signed in
Luxembourg on 28 November 1994 and entered into force on 1 July 1998, are not
covered by the provisional application of this Agreement, they continue to apply.
7.
Either Party may give written notification to the Depositary of its intention to terminate
the provisional application of this Agreement. Termination of provisional application
shall take effect six months after receipt of the notification by the Depositary.
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ANNEXES
to the
Association Agreement
between the European Union and the European Atomic
Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part
Version: 26/11/2013
The Parties shall, in the context of the implementation of this or other Agreements,
ensure a legal level of data protection which at least corresponds to that set out in
Directive No 95/46/EC on the protection of individuals with regard to the processing of
personal data and on the free movement of such data, Council Framework Decision
2008/977/JHA on the protection of personal data processed in the framework of police
and judicial cooperation in criminal matters, as well as the Convention for the
Protection of Individuals with regard to Automatic Processing of Personal Data, signed
on 28 January 1981 (ETS No. 108) and its Additional Protocol, regarding Supervisory
Authorities and Transborder Data Flows, signed on 8 November 2001 (ETS No. 181).
Where relevant, the Parties shall take into account Recommendation No R (87)15 of 17
September 1987 of the Committee of Ministers of the Council of Europe Regulating the
Use of Personal Data in the Police Sector.
2.
ANNEXES OF TITLE IV
ECONOMIC AND OTHER SECTOR COOPERATION
Company Law
Directive No 2009/101/EC of the European Parliament and of the Council of 16 September 2009
on coordination of safeguards which, for the protection of the interests of members and third
parties, are required by Member States of companies within the meaning of the second paragraph
of Article 48 of the Treaty, with a view to making such safeguards equivalent
Timetable: this Directive's provisions shall be implemented within 2 years of the
entry into force of this Agreement.
Second Council Directive No 77/91/EEC of 13 December 1976, as amended by Directives No
92/101/EEC, 2006/68/EC and 2009/109/EC on co-ordination of safeguards which, for the
protection of the interests of members and others, are required by Member States of companies
within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the
formation of public limited liability companies and the maintenance and alteration of their
capital, with a view to making such safeguards equivalent
Timetable: this Directive's provisions shall be implemented within 2 years of the
entry into force of this Agreement.
Third Council Directive No 78/855/EEC of 9 October 1978 based on Article 54 (3) (g) of the
Treaty concerning mergers of public limited liability companies, as amended by Directive No
2007/63/EC and No 2009/109/EC
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Sixth Council Directive No 82/891/EEC of 17 December 1982 based on Article 54 (3) (g) of the
Treaty, concerning the division of public limited liability companies, as amended by Directive
No 2007/63/EC and No 2009/109/EC
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Directive No 2009/102/EC of the European Parliament and of the Council of 16 September 2009
in the area of company law on single-member private limited liability companies
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Directive No 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on
takeover bids
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Directive No 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the
exercise of certain rights of shareholders in listed companies
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Seventh Council Directive No 83/349/EEC of 13 June 1983 based on the Article 54 (3)(g) of the
Treaty on consolidated accounts
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002
on the application of international accounting standards
Timetable: this Regulation's provisions shall be implemented within 2 years of the entry
into force of this Agreement.
Directive No 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on
statutory audits of annual accounts and consolidated accounts, amending Council Directives No
78/660/EEC and No 83/349/EEC and repealing Council Directive No 84/253/EEC
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Commission Recommendation of 5 June 2008 concerning the limitation of the civil liability of
statutory auditors and audit firms (2008/473/EC)
Timetable: not applicable
Corporate Governance
OECD Principles on Corporate Governance
Timetable: not applicable
Labour Law
Council Directive No 91/533/EEC of 14 October 1991 on an employer's obligation to inform
employees of the conditions applicable to the contract or employment relationship
Timetable: this Directives provisions shall be implemented within 4 years of the entry into force
of this Agreement.
Council Directive No 98/59/EC of 20 July 1998 on the approximation of the laws of the Member
States relating to collective redundancies
Timetable: this Directives provisions shall be implemented within 4 years of the entry into force
of this Agreement.
Council Directive No 2001/23/EC of 12 March 2001 on the approximation of the laws of the
Member States relating to the safeguarding of employees' rights in the event of transfers of
undertakings, businesses or parts of undertakings or businesses
Timetable: this Directives provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2002/14/EC of the European Parliament and of the Council of 11 March 2002
establishing a general framework for informing and consulting employees in the European
Community - Joint declaration of the European Parliament, the Council and the Commission on
employee representation
Timetable: this Directives provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2003/88/EC of the European Parliament and of the Council of 4 November 2003
concerning certain aspects of the organisation of working time
Timetable: this Directives provisions shall be implemented within 4 years of the entry into force
of this Agreement.
Directive No 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the
implementation of the principle of equal opportunities and equal treatment of men and women in
matters of employment and occupation (Recast)
Timetable: this Directives provisions shall be implemented within 3 years of the entry into force
of this Agreement.
10
Council Directive No 89/654/EEC of 30 November 1989 concerning the minimum safety and
health requirements for the workplace (first individual directive within the meaning of Article
16(1) of Directive No 89/391/EEC)
Timetable: For new workplaces, this Directives provisions shall be implemented within 3 years
of the entry into force of this Agreement, including minimum safety and health requirements laid
down in Annex II of this Directive.
For workplaces already in use at the moment of entry into force of this Agreement, this
Directives provisions shall be implemented within 6 years of the entry into force of this
Agreement, including minimum safety and health requirements laid down in Annex II of this
Directive.
11
Directive No 2009/104/EC of the European Parliament and of the Council of 16 September 2009
concerning the minimum safety and health requirements for the use of work equipment by
workers at work (second individual Directive within the meaning of Article 16(1) of Directive
No 89/391/EEC Codification of Directive No 89/655/EEC, as amended by Directives No
95/63/EC and No 2001/45/EC)
Timetable: For new work equipment, this Directives provisions shall be implemented within 3
years of the entry into force of this Agreement, including the minimum requirements laid down
in Annex I of this Directive.
For work equipment already in use at the moment of entry into force of this Agreement, this
Directives provisions shall be implemented within 7 years of the entry into force of this
Agreement, including the minimum requirements laid down in Annex I of this Directive.
Council Directive No 89/656/EEC of 30 November 1989 on the minimum health and safety
requirements for the use by workers of personal protective equipment at the workplace (third
individual directive within the meaning of Article 16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 7 years of the entry into force
of this Agreement.
Council Directive No 92/57/EEC of 24 June 1992 on the implementation of minimum safety and
health requirements at temporary or mobile construction sites (eight individual Directives within
the meaning of Article 16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 7 years of the entry into force
of this Agreement.
Directive No 2009/148/EC of the European Parliament and of the Council of 30 November 2009
on the protection of workers from the risks related to exposure to asbestos at work
Timetable: this Directives provisions shall be implemented within 7 years of the entry into force
of this Agreement.
Directive No 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the
protection of workers from the risks related to exposure to carcinogens or mutagens at work
(sixth individual directive within the meaning of Article 16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 7 years of the entry into force
of this Agreement.
Directive No 2000/54/EC of the European Parliament and of the Council of 18 September 2000
on the protection of workers from risks related to exposure to biological agents at work (seventh
individual directive within the meaning of Article 16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 7 years of the entry into force
of this Agreement.
12
Council Directive No 90/270/EEC of 29 May 1990 on the minimum safety and health
requirements for work with display screen equipment (fifth individual directive within the
meaning of Article 16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 7 years of the entry into force
of this Agreement.
Council Directive No 92/58/EEC of 24 June 1992 on the minimum requirements for the
provision of safety and/or health signs at work (ninth individual Directive within the meaning of
Article 16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 7 years of the entry into force
of this Agreement.
13
Directive No 1999/92/EC of the European Parliament and of the Council of 16 December 1999
on minimum requirements for improving the safety and health protection of workers potentially
at risk from explosive atmospheres (fifteenth individual directive within the meaning of Article
16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 10 years of the entry into
force of this Agreement.
Directive No 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the
minimum health and safety requirements regarding the exposure of workers to the risk arising
from physical agents (vibration) (sixteenth individual directive within the meaning of Article
16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 10 years of the entry into
force of this Agreement.
Directive No 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on
the minimum health and safety requirements regarding the exposure of workers to the risk
arising from physical agents (noise) (seventeenth individual directive within the meaning of
Article 16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 10 years of the entry into
force of this Agreement.
Directive No 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the
minimum health and safety requirements regarding the exposure of workers to the risks arising
from physical agents (electromagnetic fields) (18th individual Directive within the meaning of
Article 16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 10 years of the entry into
force of this Agreement.
Directive No 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the
minimum health and safety requirements regarding the exposure of workers to risks arising from
physical agents (artificial optical radiation) (19th individual Directive within the meaning of
Article 16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 10 years of the entry into
force of this Agreement.
Council Directive No 93/103/EC of 23 November 1993 concerning the minimum safety and
health requirements for work on board fishing vessels (thirteenth individual directive within the
meaning of Article 16(1) of Directive No 89/391/EEC)
Timetable: this Directives provisions shall be implemented within 10 years of the entry into
force of this Agreement.
14
Council Directive No 92/29/EEC of 31 March 1992 on the minimum safety and health
requirements for improved medical treatment on board vessels
Timetable: this Directives provisions shall be implemented within 10 years of the entry into
force of this Agreement.
Council Directive No 90/269/EEC of 29 May 1990 on the minimum health and safety
requirements for the manual handling of loads where there is a risk particularly of back injury to
workers (fourth individual directive within the meaning of Article 16(1) of Directive No
89/391/EEC)
Timetable: this Directives provisions shall be implemented within 10 years of the entry into
force of this Agreement.
15
Product Safety
Directive No 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on
general product safety
Timetable: this Directive's provisions shall be implemented within 2 years of the entry
into force of this Agreement.
Council Directive No 87/357/EEC of 25 June 1987 on the approximation of the laws of the
Member States concerning products which, appearing to be other than they are, endanger the
health or safety of consumers
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Commission Decision 2009/251/EC of 17 March 2009 requiring Member States to ensure that
products containing the biocide dimethylfumarate are not placed or made available on the market
Timetable: this Decision's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Commission Decision 2006/502/EC of 11 May 2006 requiring Member States to take measures
to ensure that only lighters which are child-resistant are placed on the market and to prohibit the
placing on the market of novelty lighters
Timetable: this Decision's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Marketing
Directive No 98/6/EC of the European Parliament and of the Council of 16 February 1998 on
consumer protection in the indication of the prices of products offered to consumers
Timetable: this Directive's provisions shall be implemented within 1 years of the entry into
force of this Agreement.
16
Directive No 2005/29/EC of the European Parliament and of the Council of 11 May 2005
concerning unfair business-to-consumer commercial practices in the internal market and
amending Council Directive No 84/450/EEC, Directives No 97/7/EC, No 98/27/EC and No
2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004
of the European Parliament and of the Council (Unfair Commercial Practices Directive)
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Contract Law
Directive No 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on
certain aspects of the sale of consumer goods and associated guarantees
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Directive No 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the
protection of consumers in respect of distance contracts
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Council Directive No 90/314/EEC of 13 June 1990 on package travel, package holidays and
package tours
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Directive No 2008/122/EC of the European Parliament and of Council of 14 January 2009 on the
protection of consumers in respect of certain aspects of timeshare, long-term holiday product,
resale and exchange contracts
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
17
Financial Services
Directive No 2002/65/EC of the European Parliament and of the Council of 23 September 2002
concerning the distance marketing of consumer financial services and amending Council
Directive No 90/619/EEC and Directives No 97/7/EC and No 98/27/EC
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Consumer credit
Directive No 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on
credit agreements for consumers and repealing Council Directive No 87/102/EEC (for the
approximation of the laws, regulations and administrative provisions of the Member States
concerning consumer credit)
Timetable: this Directive's provisions shall be implemented within 2 years of the entry into
force of this Agreement.
Redress
Recommendation on principles applicable to out-of-court settlement (98/257/EC) Commission
Recommendation of 30 March 1998 on the principles applicable to the bodies responsible for
out-of-court settlement of consumer disputes
Timetable: not applicable
Enforcement
Directive No 98/27/EC of the European Parliament and of the Council of 19 May 1998 on
injunctions for the protection of consumers' interests
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
19
Indirect taxation
Council Directive No 2006/112/EC of 28 November 2006 on the common system of value added
tax
The following provisions of this Directive shall apply:
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented upon the entry into force of
this Agreement.
Place of taxable transactions (Title V, Articles 36(1), 38, 39, 43-49, 53-56, 58-61)
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Chargeable event and chargeability of VAT (Title VI, 62-66, 70, 71)
Timetable: these provisions of this Directive shall be implemented upon the entry into force of
this Agreement.
Timetable: these provisions of the Directive shall be implemented upon the entry into force of
this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
20
Exemptions (Title IX, Articles 131-137, 143, 144, 146(1)(a, c, d, e), 146(2), 147, 148,
150(2), 151-161, 163)
Timetable:
Without prejudice to other chapters in this Agreement, for all exemptions in the scope of Council
Directive No 2006/112 related to goods and services in free zones, the provisions of this
Directive shall be implemented within 10 years of the entry into force of this Agreement.
For all other exemptions, these provisions of this Directive shall be implemented within 5 years
of the entry into force of this Agreement.
Timetable:
For all deductions for taxable persons referring to legal entities, the provisions of this Directive
shall be implemented within 3 years of the entry into force of this Agreement.
For all other deductions, the provisions of this Directive shall be implemented within 5 years of
the entry into force of this Agreement.
Obligations of taxable persons and certain non-taxable persons (Title XI, Articles 193,
194, 198, 199, 201-208, 211, 212, 213(1), 214(1)(a), 214(2), 215, 217-236, 238-242,
244, 246-248, 250-252, 255, 256, 260, 261, 271-273)
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented upon the entry into force of
this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Tobacco
Council Directive No 2011/64/EU of 21 June 2011 on the structure and rates of excise duty
applied on manufactured tobacco (Codification)
Timetable: this Directives provisions shall be implemented within 2 years of the entry into force
of this Agreement with the exception of Articles 7(2), 8, 9, 10, 11, 12, 14(1), 14(2), 14(4), 18 and
19 of this Directive which shall be implemented by 2025. The Association Council will decide
on a different timeline for implementation should the regional context so require.
21
Alcohol
Council Directive No 92/83/EEC of 19 October 1992 on the harmonisation of the structures of
excise duties on alcohol and alcoholic beverages
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Energy
Council Directive No 2003/96/EC of 27 October 2003 restructuring the Community framework
for the taxation of energy products and electricity
Timetable:
For all provisions related to rates this Directive shall be implemented within 10 years of the entry
into force of this Agreement.
All other provisions of this Directive shall be implemented within 5 years of the entry into force
of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable:
For taxable persons referring to legal entities, this Directive's provisions shall be implemented
within 3 years of the entry into force of this Agreement.
All other provisions of this Directive shall be implemented within 5 years of the entry into force
of this Agreement.
22
23
Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs
as traditional specialities guaranteed
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Commission Regulation (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for
the implementation of Council Regulation (EC) No 509/2006 on agricultural products and
foodstuffs as traditional specialities guaranteed
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Organic farming
Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of
organic products and repealing Regulation (EEC) No 2092/91
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for
the implementation of Council Regulation (EC) No 834/2007 on organic production and
labelling of organic products with regard to organic production, labelling and control
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for
implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for
imports of organic products from third countries
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Marketing standards for plants, seeds of plants, products derived from plants, fruits and
vegetables
Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation
of agricultural markets and on specific provisions for certain agricultural products (Single CMO
Regulation)
The following provisions of this Regulation shall apply:
for horizontal issues: Article 113, Annex I, Annex III and Annex IV;
for row tobacco: Articles 123, 124, 126, it should be noted that Article 104 is not
applicable for this Agreement;
for hops: Articles 117, 121g, Article 158, it should be noted that Article 185 is not
applicable for this Agreement;
for live plants, fresh cut flowers and fresh foliage: Annex I part 13;
Timetable: these provisions of this Regulation shall be implemented within 5 years of the entry
into force of this Agreement.
Council Directive No 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into force
of this Agreement.
Council Directive No 68/193/EEC of 9 April 1968 on the marketing of material for the
vegetative propagation of the vine
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into force
of this Agreement.
Council Directive No 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating
material and fruit plants intended for fruit production
25
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into force
of this Agreement.
Council Directive No 2001/111/EC of 20 December 2001 relating to certain sugars intended for
human consumption
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Commission Regulation (EEC) No 2568/91 of 11 July 1991 on the characteristics of olive oil
and olive-residue oil and on the relevant methods of analysis
Timetable: this Regulation's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
Council Directive No 76/621/EEC of 20 July 1976 relating to the fixing of the maximum level of
erucic acid in oils and fats intended as such for human consumption and in foodstuffs containing
added oils or fats
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into force
of this Agreement.
26
Council Directive No 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre
plants
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into force
of this Agreement.
Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive
oil
Timetable: this Regulation's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
Commission Regulation (EEC) No 2568/91 of 11 July 1991 on the characteristics of olive oil
and olive-residue oil and on the relevant methods of analysis
Timetable: this Regulation's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
Directive No 2000/36/EC of the European Parliament and of the Council of 23 June 2000
relating to cocoa and chocolate products intended for human consumption
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into force
of this Agreement.
Council Directive No 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and
marmalades and sweetened chestnut pure intended for human consumption
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into force
of this Agreement.
Directive No 1999/4/EC of the European Parliament and of the Council of 22 February 1999
relating to coffee extracts and chicory extracts
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into force
of this Agreement.
27
Council Directive No 2001/112/EC of 20 December 2001 relating to fruit juices and certain
similar products intended for human consumption
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into force
of this Agreement.
Commission Regulation (EC) No 1825/2000 of 25 August 2000 laying down detailed rules for
the application of Regulation (EC) No 1760/2000 of the European Parliament and of the Council
as regards the labeling of beef and beef products
Timetable: this Regulation's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
for horizontal issues: Article 113, Annex I, Annex III and Annex IV;
for milk and milk products: Articles 114 and 115 with the annexes, Annex CII: all
Articles, Annex CIII: all Articles, Annex XV: all Articles
Timetable: these provisions of this Regulation shall be implemented within 5 years of the entry
into force of this Agreement.
28
Commission Regulation (EC) No 566/2008 of 18 June 2008 laying down detailed rules for the
application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of
bovine animals aged 12 months or less
Timetable: this Regulation's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
Commission Regulation (EC) No 589/2008 of 23 June 2008 laying down detailed rules for
implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs
All provisions of this Regulation shall apply, with the exception of Articles 33-35, Annex III and
Annex V of this Regulation
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Commission Regulation (EC) No 617/2008 of 27 June 2008 laying down detailed rules for
implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for
hatching and farmyard poultry chicks
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Commission Regulation (EC) No 445/2007 of 23 April 2007 laying down certain detailed rules
for the application of Council Regulation (EC) No 2991/94 laying down standards for spreadable
fats and of Council Regulation (EEC) No 1898/87 on the protection of designations used in the
marketing of milk and milk products (Codified version)
Timetable: this Regulation's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
29
Commission Regulation (EC) No 273/2008 of 5 March 2008 laying down detailed rules for the
application of Council Regulation (EC) No 1255/1999 as regards methods for the analysis and
quality evaluation of milk and milk products
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of
Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultry meat
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
30
31
Regulation (EU) No 994/2010 of the European Parliament and of the Council concerning
measures to safeguard security of gas supply and repealing Directive No 2004/67/EC
Timetable: this Regulation's provisions shall be implemented according to the timeline agreed
within the framework of the Energy Community Treaty.
Oil
Council Directive No 2009/119/EC of 14 September 2009 imposing an obligation on Member
States to maintain minimum stocks of crude oil and/or petroleum products
Timetable: this Directive's provisions shall be implemented according to the timeline agreed
within the framework of the Energy Community Treaty.
Infrastructure
Council Regulation (EU, Euratom) No 617/2010 of 24 June 2010 concerning the notification to
the Commission of investment projects in energy infrastructure within the European Union and
repealing Regulation (EC) No 736/96
Timetable: this Regulations provisions shall be implemented within 3 years of the entry in to
force of this Agreement.
Energy Efficiency
Directive No 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on
the promotion of cogeneration based on a useful heat demand in the internal energy market and
amending Directive No 92/42/EEC
Timetable: this Directives provisions shall be implemented within 3 years of the entry in to
force of this Agreement.
32
Directive No 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the
promotion of clean and energy-efficient road transport vehicles
Timetable: this Directives provisions shall be implemented within 3 years of the entry in to
force of this Agreement.
Commission Regulation (EC) No 244/2009 on eco-design requirements for nondirectional household lamps
Commission Regulation (EC) No 107/2009 on eco-design requirements for simple settop boxes
33
Timetable: the provisions in the framework Directive as well as in the relevant existing
implementing measures shall be implemented within 3 years of the entry into force of this
Agreement.
Directive No 2010/30/EU on the indication by labelling and standard product information of the
consumption of energy and other resources by energy-related products
Timetable: to be implemented according to the timeline agreed within the framework of the
Energy Community Treaty.
Implementing Directives/Regulations:
34
Timetable: the provisions in the framework Directive as well as in the relevant existing
implementing measures shall be implemented according to the timeline agreed within the
framework of the Energy Community Treaty.
Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November
2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters
Timetable: this Regulations provisions shall be implemented within 3 years of the entry in to
force of this Agreement.
Renewable energy
Directive No 2009/28/EC on the promotion of the use of energy from renewable energy sources
and amending and subsequently repealing Directives No 2001/77/EC and No 2003/30/EC
Timetable: this Directive's provisions shall be implemented according to the timeline agreed
within the framework of the Energy Community Treaty.
35
The Parties have decided to cooperate on the development of the strategic transport
network for the territory of the Republic of Moldova. The indicative map of the
strategic transport network proposed by the Republic of Moldova is included in this
Annex (see point 6 of this Annex).
2.
In this context, the Parties recognise the importance of implementation of the main
priority measures of the Moldovan transport infrastructure investment strategy, aimed at
rehabilitating and extending the internationally important rail and road links crossing
the territory of the Republic of Moldova, starting with National roads M3 Chisinau
Giurgiulesti and M14 Brest Briceni Tiraspol Odessa, as well as at upgrading and
modernizing the rail connections with the neighbouring countries used for international
and transit traffic.
(a)
(b)
(c)
(d)
(e)
adoption of border crossing facilitation actions in line with the stipulations in Chapter 5
(Customs and Trade Facilitation) of Title V (Trade and Trade Related Matters) of this
Agreement that aims to improve the functioning of the transport network in order to
increase the fluidity of the transport flows between the Republic of Moldova, regional
partners and the EU;
(f)
(g)
taking into account where relevant the environmental provisions as set out in the
Chapter 16 (Environment) of Title IV (Economic and other sector cooperation) of this
Agreement in particular the Strategic Impact Assessment, Environmental Impact
Assessment, nature-related and air quality-related directives;
(h)
4.
The Parties will cooperate in order to establish the Republic of Moldova's strategic
transport network connected to the TEN-T network as well as to networks of the region.
36
5.
The Parties will seek to identify projects of mutual interest located on the strategic
transport network of the Republic of Moldova.
6.
Map (Map of Strategic transport networks for the territory of the Republic of Moldova).
37
38
Road transport
Technical conditions
Council Directive No 92/6/EEC of 10 February 1992 on the installation and use of speed
limitation devices for certain categories of motor vehicles in the Community
Timetable:
For all vehicles engaged in international transport, this Directives provisions shall be
implemented within 1 year of the entry into force of this Agreement.
For all vehicles engaged in national transport already registered at the moment of entry into force
of this Agreement, this Directives provisions shall be implemented within 8 years of the entry
into force of this Agreement.
For all vehicles which are registered for the first time, this Directives provisions shall be
implemented within 1 year after the entry into force of this Agreement.
Council Directive No 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating
within the Community the maximum authorized dimensions in national and international traffic
and the maximum authorized weights in international traffic
Timetable: this Directives provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on
roadworthiness tests for motor vehicles and their trailers
Timetable: this Directives provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Safety conditions
Council Directive No 91/439/EEC of 29 July 1991 on driving licences
The following provisions of this Directive shall apply:
39
Directive No 2008/68/EC of the European Parliament and of the Council of 24 September 2008
on the inland transport of dangerous goods
Timetable:
For all vehicles engaged in international transport, this Directives provisions shall be
implemented upon entry into force of this Agreement.
For all vehicles engaged in national transport already registered at the moment of entry into force
of this Agreement, this Directives provisions shall be implemented within 3 years of the entry
into force of this Agreement.
Social conditions
Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006
on the harmonisation of certain social legislation relating to road transport and amending Council
Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC)
No 3820/85
Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road
transport
Timetable:
For all vehicles engaged in international transport, this Regulations' provisions shall be
implemented upon entry into force of this Agreement.
For all vehicles engaged in national transport already registered at the moment of entry into force
of this Agreement, this Regulations provisions with the exception of Article 27 of Regulation
(EC) No 561/2006 related to digital tachographs shall be implemented within 3 years of the entry
into force of this Agreement.
The provisions set out in Article 27 of Regulation (EC) No 561/2006 related to digital
tachographs shall be implemented within 8 years of the entry into force of this Agreement.
Directive No 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on
minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and
(EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing
Council Directive No 88/599/EEC
Timetable: this Directives provisions shall be implemented within 3 years of the entry into force
of this Agreement.
40
Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October
2009 establishing common rules concerning the conditions to be complied with to pursue the
occupation of road transport operator and repealing Council Directive No 96/26/EC
The following provisions of this Regulation shall apply:
Articles 3, 4, 5, 6, 7 (without the monetary value of the financial standing), 8, 10, 11,
12, 13, 14, 15 and Annex I of this Regulation
Timetable: these provisions of this Regulation shall be implemented within 2 years of the entry
into force of this Agreement.
Directive No 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on
the organisation of the working time of persons performing mobile road transport activities
Timetable: this Directives provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the
initial qualification and periodic training of drivers of certain road vehicles for the carriage of
goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive No
91/439/EEC and repealing Council Directive No 76/914/EEC
Timetable: this Directives provisions shall be implemented within 2 years of the entry into force
of this Agreement.
Fiscal conditions
Directive No 99/62/EC on the charging of heavy goods vehicles for the use of certain
infrastructures
Timetable: this Directives provisions shall be implemented within 4 years of the entry into force
of this Agreement.
Railway transport
Market and infrastructure access
Council Directive No 91/440/EEC of 29 July 1991 on the development of the Community's
railways
The following provisions of this Directive shall apply:
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
41
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Directive No 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on
the allocation of railway infrastructure capacity and the levying of charges for the use of railway
infrastructure and safety certification
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September
2010 concerning a European rail network for competitive freight
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Directive No 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on
the certification of train drivers operating locomotives and trains on the railway system in the
Community
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Directive No 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the
interoperability of the rail system within the Community (Recast)
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
42
Directive No 2008/68/EC of the European Parliament and of the Council of 24 September 2008
on the inland transport of dangerous goods
Timetable:
For all vehicles engaged in international transport, this Directives provisions shall be
implemented upon entry into force of this Agreement.
For all vehicles engaged in national transport already registered at the moment of entry into force
of this Agreement, this Directives provisions shall be implemented within 3 years of the entry
into force of this Agreement.
Combined Transport
Council Directive No 92/106/EEC of 7 December 1992 on the establishment of common rules
for certain types of combined transport of goods between member states
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Other aspects
Regulation (EC) No1370/2007 of the European Parliament and of the Council of 23 October
2007 on public passenger transport services by rail and by road and repealing Council
Regulations (EEC) No 1191/69 and No 1107/70
Timetable: this Regulation's provisions shall be implemented within 6 years of the entry into
force of this Agreement.
Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October
2007 on rail passengers' rights and obligations
Timetable: this Regulation's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Air transport
Implement the comprehensive Common Aviation Area Agreement as signed on 26 June 2012 in
Brussels which contains the list and timetable for the implementation of relevant EU acquis in
the area of aviation.
Inland waterway transport
Functioning of the market
Council Directive No 96/75/EC of 19 November 1996 on the systems of chartering and pricing
in national and international inland waterway transport in the Community
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
43
Safety
Directive No 2006/87/EC of the European Parliament and of the Council of 12 December 2006
laying down technical requirements for inland waterway vessels
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
Directive No 2008/68/EC of the European Parliament and of the Council of 24 September 2008
on the inland transport of dangerous goods
Timetable:
For all vehicles engaged in international transport, this Directives provisions shall be
implemented upon entry into force of this Agreement.
For all vehicles engaged in national transport already registered at the moment of entry into force
of this Agreement, this Directives provisions shall be implemented within 3 years of the entry
into force of this Agreement.
44
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Directive No 2001/42/EC on the assessment of the effects of certain plans and programmes on
the environment
The following provisions of this Directive shall apply:
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
46
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Air Quality
Directive No 2008/50/EC on ambient air quality and cleaner air for Europe
The following provisions of this Directive shall apply:
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 9 years of the entry
into force of this Agreement.
establishment of air quality plans for zones and agglomerations where levels of
pollutants exceed limit value/target value (Article 23)
Timetable: these provisions of this Directive shall be implemented within 9 years of the entry
into force of this Agreement.
establishment of short-term action plans for zones and agglomerations in which there
is a risk that alert thresholds will be exceeded (Article 24)
Timetable: these provisions of this Directive shall be implemented within 9 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 9 years of the entry
into force of this Agreement.
48
Timetable: these provisions of this Directive shall be implemented within 9 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Directive No 1999/32/EC on reduction of sulphur content of certain liquid fuels and amending
Directive No 93/12/EC as amended by Regulation (EC) No 1882/2003 and Directive No
2005/33/EC
The following provisions of this Directive shall apply:
prohibition of use of heavy fuel oil and gas oil with a sulphur content greater than
established limit values (Articles 3(1) and 4(1))
application of limit values for the sulphur content of marine fuels (Articles 4a and 4b)
Timetable: to be implemented according to the timeline agreed within the framework of the
Energy Community Treaty.
Directive No 94/63/EC on the control of volatile organic compound (VOC) emissions resulting
from the storage of petrol and its distribution from terminals to service stations as amended by
Regulation (EC) No 1882/2003
The following provisions of this Directive shall apply:
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
requiring all road tanker loading gantries and mobile containers to meet the
requirements (Articles 4 and 5)
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
49
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
setting up maximum VOC content limit values for paints and varnishes (Article 3 and
Annex II, phase II)
Timetable: these provisions of this Directive shall be implemented within 10 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 10 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Within 10 years of the entry into force of this Agreement, national emission ceilings shall apply
as established in the original 1999 Gothenburg Protocol.
Furthermore, within that period the Republic of Moldova shall endeavour to ratify the
Gothenburg Protocol, including the amendments adopted in 2012.
50
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
preparation of river basin management plans, consultations with the public and
publication of these plans (Articles 13 and 14)
Timetable: these provisions of this Directive shall be implemented within 8 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 7 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 8 years of the entry
into force of this Agreement.
51
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 8 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
52
Directive No 91/676/EC concerning the protection of waters against pollution caused by nitrates
from agricultural sources as amended by Regulation (EC) No 1882/2003
The following provisions of this Directive shall apply:
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
establishment of action plans and codes of good agricultural practices for nitrate
vulnerable zones (Articles 4 and 5)
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
preparation of waste management plans in line with the five-step waste hierarchy and
of waste prevention programmes (Chapter V)
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
establishment of full cost recovery mechanism in accordance with the polluter pays
principle and extended producer responsibility principle (Article 14)
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
53
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 7 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 7 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
54
Timetable: these provisions of this Directive shall be implemented within 7 years of the entry
into force of this Agreement.
Directive No 2006/21/EC on the management of waste from extractive industries and amending
Directive No 2004/35/EC
The following provisions of this Directive shall apply:
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: v provisions of this Directive shall be implemented within 6 years of the entry into
force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Nature protection
Directive No 2009/147/EC on the conservation of wild birds
The following provisions of this Directive shall apply:
Timetable: these provisions of this Directive shall be implemented within 2 years of the entry
into force of this Agreement.
55
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
identification and designation of special protection areas for bird species (Article 4(1))
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: to be implemented according to the timeline agreed within the framework of the
Energy Community Treaty.
establishment of a general system of protection for all wild bird species of which the
hunted species are a special subset and prohibition of certain types of capture/killing
(Articles 5, 6, 7, 8, 9(1) and 9(2))
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Directive No 92/43/EC on the conservation of natural habitats and of wild fauna and flora as
amended by Directive No 97/62/EC, No 2006/105/EC and Regulation (EC) No 1882/2003
The following provisions of this Directive shall apply:
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
preparation of inventory of sites, designation of these sites and establish priorities for
their management (including completion of the inventory of potential Emerald sites
and establishment of protection and management measures for these sites) (Article 4)
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
56
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
implementation of BAT taking into account the BAT conclusions of the BREFs
(Articles 14(3-6) and 15(2-4))
Timetable: these provisions of this Directive shall be implemented within 10 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 8 years of the entry
into force of this Agreement.
establishment of emission limit values for combustion plants (Article 30 and Annex V)
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 6 years of the entry
into force of this Agreement.
57
Directive No 96/82/EC on the control of major accident hazards involving dangerous substances
as amended by Directive No 2003/105/EC and Regulation (EC) No 1882/2003
The following provisions of this Directive shall apply:
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Directive shall be implemented within 7 years of the entry
into force of this Agreement.
Chemicals
Regulation (EC) No 689/2008 on export and import of dangerous chemicals
The following provisions of this Regulation shall apply:
Timetable: these provisions of this Regulation shall be implemented within 3 years of the entry
into force of this Agreement.
Timetable: these provisions of this Regulation shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Regulation shall be implemented within 2 years of the entry
into force of this Agreement.
setting up of procedures for drafting and submission of import decisions (Article 12)
Timetable: these provisions of this Regulation shall be implemented within 2 years of the entry
into force of this Agreement.
implementation of the PIC procedure for the export of certain chemicals, in particular
those listed in Annex III to the Rotterdam Convention (Article 13)
Timetable: these provisions of this Regulation shall be implemented within 3 years of the entry
into force of this Agreement.
58
Timetable: these provisions of this Regulation shall be implemented within 3 years of the entry
into force of this Agreement.
designation of national authorities that control the import and export of chemicals
(Article 17)
Timetable: these provisions of this Regulation shall be implemented within 2 years of the entry
into force of this Agreement.
Timetable: these provisions of this Regulation shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Regulation shall be implemented within 7 years of the entry
into force of this Agreement.
Regulation (EC) No 1907/2006 of the European Parliament and the Council of 18 December
2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals
(REACH), establishing a European Chemicals Agency, amending Directive No 1999/45/EC and
repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94
as well as Council Directive No 76/769/EEC and Commission Directives No 91/155/EEC, No
93/67/EEC, No 93/105/EC and No 2000/21/EC
The following provisions of this Regulation shall apply:
Timetable: these provisions of this Regulation shall be implemented within 4 years of the entry
into force of this Agreement.
Adoption for national provisions for penalties applicable for infringements of national
laws concerning chemicals (Article 126)
Timetable: these provisions of this Regulation shall be implemented within 5 years of the entry
into force of this Agreement.
Timetable: these provisions of this Regulation shall be implemented within 4 years of the entry
into force of this Agreement.
59
Timetable: these provisions of this Regulation shall be implemented within 4 years of the entry
into force of this Agreement.
Timetable: these provisions of this Regulation shall be implemented within 4 years of the entry
into force of this Agreement.
60
Timetable: these provisions of this Directive shall be implemented within 8 years of the entry
into force of this Agreement.
establishment of reporting systems for acquiring emission data from the relevant
sectors (Article 6)
Timetable: these provisions of this Regulation shall be implemented within 4 years of the entry
into force of this Agreement.
establishment of a ban on the placing on the market and use of controlled substances,
except for reclaimed HCFC which might be used as refrigerant until 2015 (Articles 5
and 11)
61
definition of the conditions for the production, placing on the market and use of
controlled substances for exempted uses (as feedstock, process agents, for essential
laboratory and analytical uses, critical uses of halons) and individual derogations,
including emergency uses of methyl bromide (Chapter III)
establishment of a licensing system for the import and export of controlled substances
for exempted uses (Chapter IV) and reporting obligations for Member States and
undertakings (Articles 26 and 27)
Timetable: these provisions of this Regulation shall be implemented within 5 years of the entry
into force of this Agreement.
Directive No 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive
No 93/12/EEC as amended by Directives No 2000/71/EC, No 2003/17/EC and No 2009/30/EC
and Regulation (EC) No 1882/2003
The following provisions of this Directive shall apply:
-
permitting the marketing of unleaded petrol, diesel fuel and gas oils intended for nonroad mobile machinery and agricultural and forestry tractors only if these meet relevant
requirements (Articles 3 and 4)
62
Tobacco
Directive No 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the
approximation of the laws, regulations and administrative provisions of the Member States
concerning the manufacture, presentation and sale of tobacco products
Timetable: this Directive's provisions shall be implemented within 7 years of the entry
into force of this Agreement.
Directive No 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the
approximation of the laws, regulations and administrative provisions of the Member States
relating to the advertising and sponsorship of tobacco products
Timetable: this Directive's provisions shall be implemented within 3 years of the entry
into force of this Agreement.
Communicable diseases
Decision No 2119/98/EC of the European Parliament and of the Council of 24 September 1998
setting up a network for the epidemiological surveillance and control of communicable diseases
in the Community
Timetable: this Decisions provisions shall be implemented within 7 years of the entry into
force of this Agreement.
Commission Decision No 2000/96/EC of 22 December 1999 on the communicable diseases to be
progressively covered by the Community network under Decision No 2119/98/EC of the
European Parliament and of the Council
63
Timetable: this Decisions provisions shall be implemented within 7 years of the entry into
force of this Agreement.
Commission Decision No 2002/253/EC of 19 March 2002 laying down case definitions for
reporting communicable diseases to the Community network under Decision No 2119/98/EC of
the European Parliament and of the Council
Timetable: this Decisions provisions shall be implemented within 7 years of the entry into
force of this Agreement.
Commission Decision 2000/57/EC of 22 December 1999 on the early warning and response
system for the prevention and control of communicable diseases under Decision No 2119/98/EC
of the European Parliament and of the Council
Timetable: this Decisions provisions shall be implemented within 7 years of the entry into
force of this Agreement.
Blood
Directive No 2002/98/EC of the European Parliament and of the Council of 27 January 2003
setting standards of quality and safety for the collection, testing, processing, storage and
distribution of human blood and blood components and amending Directive No 2001/83/EC
Timetable: this Directives provisions shall be implemented within 5 years of the entry into
force of this Agreement.
64
Timetable: this Directives provisions shall be implemented within 5 years of the entry into
force of this Agreement.
Directive No 2010/53/EU of the European Parliament and of the Council of 7 July 2010 on
standards of quality and safety of human organs intended for transplantation
Timetable: this Directives provisions shall be implemented within 7 years of the entry into force
of this Agreement.
65
Alcohol
Council Recommendation 2001/458/EC of 5 June 2001 on the drinking of alcohol by young
people, in particular children and adolescents
Timetable: not applicable
Cancer
Council Recommendation 2003/878/EC of 2 December 2003 on cancer screening
Timetable: not applicable
66
Directive No 2007/65/EC of the European Parliament and of the Council of 11 December 2007
amending Council Directive No 89/552/EEC on the coordination of certain provisions laid down
by law, regulation or administrative action in Member States concerning the pursuit of television
broadcasting activities (the Audiovisual Media Services Directive)
Timetable: this Directive's provisions shall be implemented within 2 years of the entry into force
of this Agreement.
2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural
Expressions
Timetable: not applicable
67
ANNEXES
to the
Association Agreement
between the European Union and the European Atomic
Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part
Version: 26/11/2013
EN
EN
ANNEXES OF TITLE V
TRADE AND TRADE-RELATED MATTERS
EN
68
EN
The Parties shall eliminate all customs duties on goods originating in the other Party as
from the date of entry into force of this Agreement except as provided in paragraphs 2, 3
and 4 and without prejudice to paragraph 5 of this Annex.
2.
Products listed in Annex XV-A shall be imported into the Union free of customs duties
within the limits of the tariff quotas set out in that Annex. The most-favoured-nation
(MFN) customs duty rate shall apply to imports exceeding the tariff rate quota limit.
3.
Products listed in Annex XV-B shall be subject to an import duty into the European
Union with exemption of the ad valorem component of that import duty.
4.
The elimination of certain customs duties by the Republic of Moldova as set out in Annex
XV-D shall take place in accordance with the following modalities:
(a)
The customs duties for the items in staging category 5 in the Republic of
Moldovas Schedule shall be eliminated in 6 equal stages, starting on the date of entry
into force of this Agreement, with the following reductions taking place on 1 January of
the next 5 years following the date of entry into force of this Agreement.
(b)
The customs duties for the items in staging category 3 in the Republic of
Moldovas Schedule shall be eliminated in 4 equal stages starting on the date of entry into
force of this Agreement, with the following reductions taking place on 1 January of the
next 3 years following the date of the entry into force of this Agreement.
(c)
The customs duties for the items in staging category 10-A in the Republic of
Moldovas Schedule shall be eliminated in 10 equal annual stages starting on 1 January
of the year following the date of entry into force of this Agreement.
(d)
The customs duties for the items in staging category 5-A in the Republic of
Moldovas Schedule shall be eliminated in 5 equal annual stages starting on 1 January of
the year following the date of entry into force of this Agreement.
(e)
The customs duties for the items in staging category 3-A in the Republic of
Moldovas Schedule shall be eliminated in 3 equal annual stages starting on 1 January of
the year following the date of entry into force of this Agreement.
(f)
The elimination of customs duties for products in staging category 10-S
(products subject to a 5-year standstill) shall start on 1 January of the fifth year following
the entry into force of this Agreement.
5.
EN
The import of products originating in the Republic of Moldova listed in Annex XV-C
shall be subject to the Union anti-circumvention mechanism set out in Article 148 of this
Agreement.
69
EN
ANNEX XV-A
PRODUCTS SUBJECT TO ANNUAL DUTY-FREE TARIFF-RATE QUOTAS (UNION)
Order
No
EN
CN code
Product description
2012
Volume
(tonnes)
Rate of
duty
07020000
1.000t
free
07032000
220t
free
08061010
5.000t
free
08081080
20.000t
free
08094005
Plums, fresh
5.000t
free
20096110
500t
free
20096919
20096951
20096959
70
EN
ANNEX XV-B
PRODUCTS SUBJECT TO ENTRY PRICE1
for which the ad valorem component of the import duty is exempted (UNION)
CN
2012
07070005
07099100
07099310
08051020
08052010
Clementines
08052030
08052050
08052070
Tangerines
08052090
Tangelos, ortaniques, malaquinas and similar citrus hybrids (excl. clementines, monreales,
satsumas, mandarins, wilkings and tangerines)
08055010
08083090
08091000
Apricots, fresh
08092100
08092900
08093010
Nectarines, fresh
08093090
22043092
22043094
Grape must, unfermented, non-concentrated, of a density <= 1,33 g/cm at 20C and of an
actual alcoholic strength <= 1% vol but > 0,5% vol (excl. grape must whose fermentation
has been arrested by the addition of alcohol)
22043096
See Annex 2 to the Commission Implementing Regulation (EU) 927/2012 of 9 October 2012 amending Annex I to
Council Regulation (EEC) 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.
EN
71
EN
of alcohol)
22043098
EN
Grape must, unfermented, non-concentrated, of a density > 1,33 g/cm at 20C and of an
actual alcoholic strength <= 1% vol but > 0,5% vol (excl. grape must whose fermentation
has been arrested by the addition of alcohol)
72
EN
ANNEX XV-C
PRODUCTS SUBJECT TO ANTI-CIRCUMVENTION MECHANISM (UNION)
Product
categor
y
Trigger
volume
(tonnes
)
Agricultural products
EN
02031110
Pig
meat
02031211
02031219
02031911
02031913
02031915
02031955
02031959
02032110
02032211
02032219
02032911
02032913
73
4.500t
EN
1
Pig
meat
2
Poultry
meat
EN
02032915
02032955
02032959
02071130
02071190
02071210
02071290
02071310
02071320
02071330
02071350
02071360
02071399
74
EN
2
Poultry
meat
EN
02071410
02071420
02071430
02071450
02071460
02071499
02072410
02072490
02072510
02072590
02072610
02072620
02072630
75
EN
2
Poultry
meat
EN
02072650
02072660
02072670
02072680
02072699
02072710
02072720
02072730
02072750
02072760
02072770
02072780
02072799
02074130
76
EN
2
Poultry
meat
EN
02074180
02074230
02074280
02074410
02074421
02074431
02074441
02074451
02074461
02074471
02074481
02074499
02074510
02074521
02074531
02074541
02074551
77
EN
2
Poultry
meat
EN
02074561
Frozen legs and cuts thereof, of domestic ducks, with bone 600t
in
02074581
02074599
02075110
02075190
02075290
02075410
02075421
02075431
02075441
02075451
02075461
02075471
02075481
02075499
02075510
02075521
02075531
02075541
78
EN
2
Poultry
meat
EN
02075551
02075561
02075581
02075599
02076005
02076010
02076031
02076041
02076051
02076061
02076081
02076099
16023211
16023230
79
EN
2
Poultry
meat
16023290
04021011
04021019
04021091
04021099
04051011
04051019
04051030
04051050
04051090
04072100
04072910
Dairy
product
s
4
Eggs in
shell
EN
80
EN
4
Eggs in
shell
5
04072990
04079010
04089180
Eggs
and
albumin
04089980
s
10019190
Wheat,
flour
and
pellets
Wheat seed for sowing (excl. durum, common wheat and 75.000t
spelt)
10019900
10039000
70.000t
10059000
130.000
t
17019910
Barley,
flour
and
pellets
8
Maize,
flour
and
pellets
9
Sugars
EN
19043000
22071000
22072000
81
2.500t
EN
10
Cereal
processed
EN
22089091
22089099
29054300
Mannitol
29054411
29054419
29054491
29054499
35051010
Dextrins
35051050
35051090
35052030
Glues containing >= 25% but < 55% starches, dextrins or other
modified starches by weight (excl. those put up for retail sale and
weighing net <= 1 kg)
35052050
Glues containing >= 55% but < 80% starches, dextrins or other
modified starches by weight (excl. those put up for retail sale and
weighing net <= 1 kg)
35052090
38091010
38091030
82
2.500t
EN
10
38091050
38091090
38246011
Sorbitol in aqueous solution, containing <= 2% by weight of dmannitol, calculated on the d-glucitol content (excl. dglucitol
[sorbitol])
38246019
Sorbitol in aqueous solution, containing > 2% by weight of dmannitol, calculated on the d-glucitol content (excl. dglucitol
[sorbitol])
38246091
38246099
Sorbitol containing > 2% by weight of d-mannitol, calculated on the dglucitol content (excl. sorbitol in aqueous solution and dglucitol
[sorbitol])
24021000
24022090
04052010
Dairy spreads of a fat content, by weight, of 39% or more but less than
60%
04052030
18062070
21061080
22029099
Cereal
processed
11
Cigarettes
12
Dairy
processed
EN
2.500t
1.000t or
1 billion
pieces3
500t
83
EN
13
13022010
Sugar
processed
13022090
17025000
17029010
17049099
18061030
Sweetened cocoa powder, containing >= 65% but < 80% sucrose, incl.
inverted sugar expressed as sucrose or isoglucose expressed as sucrose
18061090
18062095
19019099
21011298
21012098
21069098
33021029
07104000
07119030
20019030
20049010
20058000
14
Sweet
corn
EN
84
4.200t
1.500t
EN
EN
85
EN
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Moldovan
nomenclature
2011
Description
Category
02031110
02031211
02031219
02031911
02031913
02031915
20%+200 euro/t
20%+200 euro/t
20%+200 euro/t
20%+200 euro/t
20%+200 euro/t
20%+200 euro/t
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
02031955
Fresh or chilled boneless meat of domestic swine (excl. bellies and cuts thereof)
20%+200 euro/t
TRQ 1 (4.000 t )
02031959
02032110
02032211
02032219
02032911
02032913
02032915
02032955
Fresh or chilled boneless meat of domestic swine (excl. carcases and half-carcases, hams,
shoulders and cuts thereof, and fore-ends, loins, bellies and cuts thereof)
Frozen domestic swine carcases and half-carcases
Frozen boneless hams and cuts thereof of domestic swine
Frozen boneless shoulders and cuts thereof of domestic swine
Frozen fore-ends and cuts thereof of domestic swine
Frozen loins and cuts thereof of domestic swine, with bone in
Frozen bellies "streaky" and cuts thereof of domestic swine
Frozen boneless meat of domestic swine (excl. bellies and cuts thereof)
20%+200 euro/t
20%+200 euro/t
20%+200 euro/t
20%+200 euro/t
10%+200 euro/t
10%+200 euro/t
10%+200 euro/t
10%+200 euro/t
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
TRQ 1 (4.000 t )
10%+200 euro/t
15
15
15
TRQ 1 (4.000 t )
10-S
10-S
10-S
20%+100 euro/t
TRQ 2 (4.000 t)
20%+100 euro/t
TRQ 2 (4.000 t)
20%+100 euro/t
TRQ 2 (4.000 t)
15%+100 euro/t
TRQ 2 (4.000 t)
15%+100 euro/t
20%+100 euro/t
20%+100 euro/t
TRQ 2 (4.000 t)
TRQ 2 (4.000 t)
TRQ 2 (4.000 t)
20%+100 euro/t
TRQ 2 (4.000 t)
02071110
Frozen boneless meat of domestic swine, with bone in (excl. carcases and half-carcases,
hams, shoulders and cuts thereof, and fore-ends, loins, bellies and cuts thereof)
Fresh or chilled edible offal of swine
Frozen edible livers of swine
Frozen edible offal of domestic swine (excl. livers)
Fresh or chilled, plucked and gutted fowls of species Gallus domesticus, with heads and
feet, known as "83% chickens"
02071130
Fresh or chilled, plucked and drawn fowls of species Gallus domesticus, without heads
and feet but with necks, hearts, livers and gizzards, known as "70% chickens"
02032959
02063000
02064100
02064920
02071190
02071210
02071290
02071310
02071320
02071330
Fresh or chilled, plucked and drawn fowls of species Gallus domesticus, without heads,
feet, necks, hearts, livers and gizzards, known as "65% chickens", and other forms of
fresh or chilled fowl, not cut in pieces (excl. "83% and 70% chickens")
Frozen fowls of species Gallus domesticus, plucked and drawn, without heads and feet
but with necks, hearts, livers and gizzards, known as "70% chickens"
Frozen fowls of species Gallus domesticus, plucked and drawn, without heads, feet,
necks, hearts, livers and gizzards, known as "65% chickens", and other forms of fowl, not
cut in pieces (excl. "70% chickens")
Fresh or chilled boneless cuts of fowls of the species Gallus domesticus
Fresh or chilled halves or quarters of fowls of the species Gallus domesticus
Fresh or chilled whole wings, with or without tips, of fowls of the species Gallus
domesticus
Page 85
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
02071360
Fresh or chilled breasts and cuts thereof of fowls of the species Gallus domesticus, with
bone in
Fresh or chilled legs and cuts thereof of fowls of the species Gallus domesticus, with
bone in
02071399
02071410
02071420
Fresh or chilled edible offal of fowls of the species Gallus domesticus (excl. livers)
Frozen boneless cuts of fowls of the species Gallus domesticus
Frozen halves or quarters of fowls of the species Gallus domesticus
20%+100 euro/t
15%+100 euro/t
15%+100 euro/t
TRQ 2 (4.000 t)
TRQ 2 (4.000 t)
TRQ 2 (4.000 t)
02071430
15%+100 euro/t
TRQ 2 (4.000 t)
02071440
Frozen whole wings, with or without tips, of fowls of the species Gallus domesticus
Frozen backs, necks, backs with necks attached, rumps and wing-tips of fowls of the
species Gallus domesticus
15%+100 euro/t
TRQ 2 (4.000 t)
02071450
Frozen breasts and cuts thereof of fowls of the species Gallus domesticus, with bone in
15%+100 euro/t
TRQ 2 (4.000 t)
02071460
15%+100 euro/t
TRQ 2 (4.000 t)
15%+100 euro/t
15%+100 euro/t
15%+100 euro/t
15
15
TRQ 2 (4.000 t)
TRQ 2 (4.000 t)
TRQ 2 (4.000 t)
10-A
10-A
04011010
Frozen legs and cuts thereof of fowls of the species Gallus domesticus, with bone in
Frozen cuts of fowls of the species Gallus domesticus, with bone in (excl. halves or
quarters, whole wings, with or without tips, backs, necks, backs with necks attached,
rumps and wing-tips, breasts, legs and cuts thereof)
Frozen edible livers of fowls of the species Gallus domesticus
Frozen edible offal of fowls of the species Gallus domesticus (excl. livers)
Edible domestic swine livers, salted, in brine, dried or smoked
Edible domestic swine offal, salted, in brine, dried or smoked (excl. livers)
Milk and cream of a fat content by weight of <= 1%, in immediate packings of <= 2 l, not
concentrated nor containing added sugar or other sweetening matter
15
TRQ 3 (1.000 t)
04011090
Milk and cream of a fat content by weight of <= 1%, not concentrated nor containing
added sugar or other sweetening matter (excl. in immediate packings of <= 2 l)
15
TRQ 3 (1.000 t)
15
TRQ 3 (1.000 t)
15
TRQ 3 (1.000 t)
15
TRQ 3 (1.000 t)
15
TRQ 3 (1.000 t)
15
TRQ 3 (1.000 t)
15
TRQ 3 (1.000 t)
15
TRQ 3 (1.000 t)
02071350
02071470
02071491
02071499
02109941
02109949
04012011
04012019
04012091
04012099
Milk and cream of a fat content by weight of <= 3% but > 1%, in immediate packings of
<= 2 l, not concentrated nor containing added sugar or other sweetening matter
Milk and cream of a fat content by weight of <= 3% but > 1%, not concentrated nor
containing added sugar or other sweetening matter (excl. in immediate packings of <= 2
l)
Milk and cream of a fat content by weight of > 3% but <= 6%, in immediate packings of
<= 2 l, not concentrated nor containing added sugar or other sweetening matter
Milk and cream of a fat content by weight of > 3% but <= 6%, not concentrated nor
containing added sugar or other sweetening matter (excl. in immediate packings of <= 2
l)
04013019
Milk and cream of a fat content by weight of <= 21% but > 6%, in immediate packings of
<= 2 l, not concentrated nor containing added sugar or other sweetening matter
Milk and cream of a fat content by weight of <= 21% but > 6%, not concentrated nor
containing added sugar or other sweetening matter (excl. in immediate packings of <= 2
l)
04013031
Milk and cream of a fat content by weight of > 21% but <= 45%, in immediate packings of
<= 2 l, not concentrated nor containing added sugar or other sweetening matter
04013011
Page 86
20%+100 euro/t
TRQ 2 (4.000 t)
20%+100 euro/t
TRQ 2 (4.000 t)
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
04013039
04013091
04013099
04021011
04021019
04021091
04021099
04022111
04022117
04022119
04022191
04022199
04022915
04022919
04022991
04022999
04029111
04029119
04029131
04029139
04029151
04029159
04029191
Milk and cream of a fat content by weight of > 21% but <= 45%, not concentrated nor
containing added sugar or other sweetening matter (excl. in immediate packings of <= 2
l)
Milk and cream of a fat content by weight of > 45%, in immediate packings of <= 2 l, not
concentrated nor containing added sugar or other sweetening matter
Milk and cream of a fat content by weight of > 45%, not concentrated nor containing
added sugar or other sweetening matter (excl. in immediate packings of <= 2 l)
Milk and cream in solid forms, of a fat content by weight of <= 1,5%, unsweetened, in
immediate packings of <= 2,5 kg
Milk and cream in solid forms, of a fat content by weight of <= 1,5%, unsweetened, in
immediate packings of > 2,5 kg
Milk and cream in solid forms, of a fat content by weight of <= 1,5%, sweetened, in
immediate packings of <= 2,5 kg
Milk and cream in solid forms, of a fat content by weight of <= 1,5%, sweetened, in
immediate packings of > 2,5 kg
Milk and cream in solid forms, of a fat content by weight of > 1,5%, unsweetened, in
immediate packings of <= 2,5 kg
Milk and cream in solid forms, of a fat content by weight of <= 11% but > 1,5%,
unsweetened, in immediate packings of > 2,5 kg or put up otherwise
Milk and cream in solid forms, of a fat content by weight of > 11% but <= 27%,
unsweetened, in immediate packings of > 2,5 kg or put up otherwise
Milk and cream in solid forms, of a fat content by weight of > 27%, unsweetened, in
immediate packings of <= 2,5 kg
Milk and cream in solid forms, of a fat content by weight of > 27%, unsweetened, in
immediate packings of > 2,5 kg
Milk and cream in solid forms, of a fat content by weight of <= 27% but > 1,5%,
sweetened, in immediate packings of <= 2,5 kg (excl. for infants in hermetically sealed
containers of <= 500 g)
Milk and cream in solid forms, of a fat content by weight of <= 27% but > 1,5%,
sweetened, in immediate packings of > 2,5 kg
Milk and cream in solid forms, of a fat content by weight of > 27%, sweetened, in
immediate packings of <= 2,5 kg
Milk and cream in solid forms, of a fat content by weight of > 27%, sweetened, in
immediate packings of > 2,5 kg
Milk and cream, concentrated, of a fat content by weight of <= 8%, unsweetened, in
immediate packings of <= 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of <= 8%, unsweetened, in
immediate packings of > 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of > 8%, but <= 10%,
unsweetened, in immediate packings of <= 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of > 8%, but <= 10%,
unsweetened, in immediate packings of > 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of > 10% but <= 45%,
unsweetened, in immediate packings of <= 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of > 10% but <= 45%,
unsweetened, in immediate packings of > 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of > 45%, unsweetened, in
immediate packings of <= 2,5 kg (excl. in solid forms)
Page 87
15
TRQ 3 (1.000 t)
15
TRQ 3 (1.000 t)
15
TRQ 3 (1.000 t)
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
04029199
04029911
04029919
04029931
04029939
04029991
04029999
04051011
Milk and cream, concentrated, of a fat content by weight of > 45%, unsweetened, in
immediate packings of > 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of <= 9,5%, sweetened, in
immediate packings of <= 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of <= 9,5%, sweetened, in
immediate packings of >2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of > 9,5% but <= 45%,
sweetened, in immediate packings of <= 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of > 9,5% but <= 45%,
sweetened, in immediate packings of > 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of > 45%, sweetened, in
immediate packings of <= 2,5 kg (excl. in solid forms)
Milk and cream, concentrated, of a fat content by weight of > 45%, sweetened, in
immediate packings of > 2,5 kg (excl. in solid forms)
Natural butter of a fat content, by weight, of >= 80% but <= 85%, in immediate packings
of a net content of <= 1 kg (excl. dehydrated butter and ghee)
04063010
Natural butter of a fat content, by weight, of >= 80% but <= 85% (excl. in immediate
packings of a net content of <= 1 kg, and dehydrated butter and ghee)
Recombined butter of a fat content, by weight, of >= 80% but <= 85% (excl. dehydrated
butter and ghee)
Whey butter of a fat content, by weight, of >= 80% but <= 85% (excl. dehydrated butter
and ghee)
Butter of a fat content, by weight, of > 85% but <= 95% (excl. dehydrated butter and
ghee)
Dairy spreads of a fat content, by weight, of >= 39% but < 60%
Dairy spreads of a fat content, by weight, of >= 60% but <= 75%
Dairy spreads of a fat content, by weight, of > 75% but < 80%
Fats and oils derived from milk, of a fat content, by weight, of >= 99,3% and of a water
content, by weight, of <= 0,5%
Fats and oils derived from milk, dehydrated butter and ghee (excl. of a fat content, by
weight, of >= 99,3% and a water content, by weight, of <= 0,5%, and natural butter,
recombined butter and whey butter)
Fresh cheese "unripened or uncured cheese", incl. whey cheese and curd of a fat
content, by weight, of <= 40%
Fresh cheese "unripened or uncured cheese", incl. whey cheese and curd of a fat
content, by weight, of > 40%
Grated or powdered cheese (excl. glarus herb cheese, known as Schabziger)
Processed cheese, not grated or powdered, in the manufacture of which no cheeses
other than Emmentaler, Gruyre and Appenzell have been used and which may contain,
as an addition, Glarus herb cheese "known as Schabziger"; put up for retail sale, of a fat
content by weight in the dry matter of <= 56%
04063031
Processed cheese, not grated or powdered, of a fat content, by weight, of <= 36% and of
a fat content, by weight, in the dry matter of <= 48% (excl. processed cheese mixtures
made from Emmentaler, Gruyre and Appenzell, with or without the addition of Glarus
herb cheese known as Schabziger, put up for retail sale)
04051019
04051030
04051050
04051090
04052010
04052030
04052090
04059010
04059090
04061020
04061080
04062090
Page 88
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
10
10-A
15%+500 euro/t
TRQ 3 (1.000 t)
15%+500 euro/t
TRQ 3 (1.000 t)
15%+500 euro/t
TRQ 3 (1.000 t)
15%+500 euro/t
TRQ 3 (1.000 t)
15%+500 euro/t
20%+500 euro/t
20%+500 euro/t
20%+500 euro/t
TRQ 3 (1.000 t)
TRQ 3 (1.000 t)
TRQ 3 (1.000 t)
TRQ 3 (1.000 t)
20%+500 euro/t
TRQ 3 (1.000 t)
20%+500 euro/t
TRQ 3 (1.000 t)
10
5-A
10
10
5-A
5-A
10
3-A
10
3-A
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
04063039
04063090
04069001
04069013
04069021
04069023
04069025
04069027
04069029
04069050
04069069
04069078
04069086
04069087
04069088
04069093
04069099
07020000
07031019
07041000
07049010
07061000
07069010
07069090
07070005
07081000
07082000
07089000
07093000
Processed cheese, not grated or powdered, of a fat content, by weight, of <= 36% and of
a fat content, by weight, in the dry matter of > 48% (excl. processed cheese mixtures
made from Emmentaler, Gruyre and Appenzell, with or without the addition of Glarus
herb cheese known as Schabziger, put up for retail sale, of a fat content by weight in the
dry matter of <= 56%)
Processed cheese, not grated or powdered, of a fat content, by weight, of > 36% (excl.
processed cheese mixtures made from Emmentaler, Gruyre and Appenzell, with or
without the addition of Glarus herb cheese known as Schabziger, put up for retail sale, of
a fat content by weight in the dry matter of <= 56%)
Cheese for processing (excl. fresh cheese, incl. whey cheese, curd, processed cheese,
blue-veined cheese and other cheese containing veins produced by "Penicillium
roqueforti", and grated or powdered cheese):
Emmentaler (excl. grated or powdered and that for processing)
Cheddar (excl. grated or powdered and for processing)
Edam (excl. grated or powdered and for processing)
Tilsit (excl. grated or powdered and for processing)
Butterkse (excl. grated or powdered and for processing)
Kashkaval (excl. grated or powdered and for processing)
Sheep''s or buffalo milk cheese, in containers containing brine, or in sheepskin or
goatskin bottles (excl. feta)
Cheese of a fat content by weight of <= 40% and a water content, by weight, of non-fatty
matter of <= 47%, n.e.s.
10
3-A
10
3-A
10
10
10
10
10
10
10
5-A
5-A
5-A
5-A
5-A
5-A
5-A
10
5-A
10
5-A
Gouda, of a fat content by weight of <= 40% and a water content, by weight, of non-fatty
matter of > 47% but <= 72% (excl. grated or powdered and for processing)
10
Cheese, of a fat content by weight of <= 40% and a water content, by weight, of nonfatty matter of > 47% but <= 72%, n.e.s.
10
Cheese, of a fat content by weight of <= 40% and a water content, by weight, of nonfatty matter of > 52% but <= 62%, n.e.s.
10
Cheese, of a fat content by weight of <= 40% and a water content, by weight, of nonfatty matter of > 62% but <= 72%, n.e.s.
10
Cheese, of a fat content by weight of <= 40% and a water content, by weight, of nonfatty matter of > 72%, n.e.s.
10
Cheese of a fat content by weight of > 40%, n.e.s.
10
Tomatoes, fresh or chilled
from 1 January to 15 march - 10; from 1 april to 31 october - 20; from 16 november to 31 december - 10
Onions, fresh or chilled (excl. sets)
15
Fresh or chilled cauliflowers and headed broccoli
15
White and red cabbages, fresh or chilled
15
Fresh or chilled carrots and turnips
15
Fresh or chilled celeriac "rooted celery or German celery"
15
Fresh or chilled salad beetroot, salsify, radishes and similar edible roots (excl. carrots,
turnips, celeriac and horse-radish)
15
Cucumbers, fresh or chilled
from 1 January to 15 march - 10; from 1 april to 31 october - 15; from 16 november to 31 december - 10
Fresh or chilled peas "Pisum sativum", shelled or unshelled
15
Fresh or chilled beans "Vigna spp., Phaseolus spp.", shelled or unshelled
15
Fresh or chilled leguminous vegetables, shelled or unshelled (excl. peas "Pisum sativum"
and beans "Vigna spp., Phaseolus spp.")
15
Fresh or chilled aubergines "eggplants"
15
Page 89
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
5-A
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
07095100
07096010
07099070
08061010
08081080
08092005
08092095
08093010
08093090
08094005
08101000
08109050
08109060
08109070
08111090
15
5-A
08112031
15
5-A
15
5-A
15
5-A
15
5-A
15
5-A
15
15
15
5-A
TRQ 4 (1.700 t)
TRQ 4 (1.700 t)
15
TRQ 4 (1.700 t)
20
10-A
20
10-A
Meat or offal of turkeys "poultry", prepared or preserved, containing >= 25% but < 57%
by weight of meat or offal of poultry (excl. sausages and similar products, finely
homogenised preparations put up for retail sale as infant food or for dietetic purposes,
16023130 in containers of a net weight of <= 250 g, preparations of liver and meat extracts)
20
10-A
Meat or offal of turkeys "poultry", prepared or preserved (excl. containing >= 25% of
meat or offal of poultry, sausages and similar products, finely homogenised preparations
put up for retail sale as infant food or for dietetic purposes, in containers of a net weight
16023190 of <= 250 g, preparations of liver and meat extracts and juices)
20
10-A
08112039
08112051
08112059
08112090
08119075
16010010
16010091
16010099
16023111
16023119
15
15
15
from 1 January to 14 july - 10; from 15 july to 20 november - 15; from 21 november to 31 december - 10
from 1 January to 30 june - 10; from 1 july to 31 july - 20; from 1 august to 31 december - 10
from 1 January to 20 may - 10; from 21 may to10 august - 20; from 11 august to 31 december - 10
from 1 January to 20 may - 10; from 21 may to10 august - 20; from 11 august to 31 december - 10
from 1 January to 10 june - 10; from 11 june to 30 september - 20; from 1 october to 31 december - 10
from 1 January to 10 june - 10; from 11 june to 30 september - 20; from 1 october to 31 december - 10
from 1 January to 10 june - 10; from 11 june to 30 september - 20; from 1 october to 31 december - 10
from 1 January to 30 april - 10; from 1 may to 31 july - 20; from 1 august to 31 december - 10
10
10
10
Page 90
5-A
5-A
5-A
10-S
10-S
5-A
10-A
5-A
10-S
10-S
5-A
5-A
5-A
5-A
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Uncooked, prepared or preserved meat or meat offal of fowls of the species Gallus
domesticus containing >= 57% meat or offal of poultry (excl. sausages and similar
16023211 products, and preparations of liver)
Cooked, prepared or preserved meat or meat offal of fowls of the species Gallus
domesticus containing >= 57% meat or offal of poultry (excl. sausages and similar
products, finely homogenised preparations put up for retail sale as infant food or for
dietetic purposes, in containers of a net weight of <= 250 g, preparations of liver and
16023219 meat extracts)
Prepared or preserved meat or meat offal of fowls of the species Gallus domesticus
containing >= 25% but < 57% of poultry meat or offal (excl. of turkeys and guinea fowl,
sausages and similar products, finely homogenised preparations put up for retail sale as
infant food or for dietetic purposes, in containers of a net weight of <= 250 g,
16023230 preparations of liver and meat extracts)
16023290
16023921
16023929
16023940
16023980
16024110
16024210
16024911
16024913
Prepared or preserved meat or meat offal of fowls of the species Gallus domesticus
(excl. that containing >= 25% meat or offal of poultry, meat or offal of turkeys or guinea
fowl, sausages and similar products, finely homogenised preparations put up for retail
sale as infant food or for dietetic purposes, in containers of a net weight of <= 250 g,
preparations of liver and meat extracts and juices)
Uncooked, prepared or preserved meat or meat offal of ducks, geese and guinea fowl of
the species domesticus, containing >= 57% meat or offal of poultry (excl. sausages and
similar products, and preparations of liver)
Cooked, prepared or preserved meat or meat offal of ducks, geese and guinea fowl of
the species domesticus, containing >= 57% meat or offal of poultry (excl. sausages and
similar products, finely homogenised preparations put up for retail sale as infant food or
for dietetic purposes, in containers of a net weight of <= 250 g, preparations of liver and
meat extracts)
Prepared or preserved meat or meat offal of ducks, geese and guinea fowl of the species
domesticus, containing >= 25% but < 57% meat or offal of poultry (excl. sausages and
similar products, finely homogenised preparations put up for retail sale as infant food or
for dietetic purposes, in containers of a net weight of <= 250 g, preparations of liver and
meat extracts)
Prepared or preserved meat or meat offal of ducks, geese and guinea fowl of the species
domesticus (excl. that containing >= 25% meat or offal of poultry, and sausages and
similar products, homogenised preparations put up for retail sale as infant food or for
dietetic purposes, in containers of a net weight of <= 250 g, preparations of liver and
meat extracts and juices)
Hams and cuts thereof, of domestic swine, prepared or preserved
Prepared or preserved shoulders and cuts thereof, of domestic swine
Prepared or preserved domestic swine loins and parts thereof, incl. mixtures of loins or
hams (excl. collars)
Prepared or preserved domestic swine collars and parts thereof, incl. mixtures of collars
and shoulders
Prepared or preserved mixtures of domestic swine hams, shoulders, loins, collars and
16024915 parts thereof (excl. mixtures of only loins and hams or only collars and shoulders)
Page 91
20
TRQ 4 (1.700 t)
20
TRQ 4 (1.700 t)
20
TRQ 4 (1.700 t)
20
TRQ 4 (1.700 t)
20
10-A
20
10-A
20
10-A
20
20
20
10-A
TRQ 4 (1.700 t)
TRQ 4 (1.700 t)
15
TRQ 4 (1.700 t)
15
TRQ 4 (1.700 t)
15
TRQ 4 (1.700 t)
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
16024919
15
TRQ 4 (1.700 t)
15
TRQ 4 (1.700 t)
15
TRQ 4 (1.700 t)
15
15
10-S
10-A
15
10-S
15
10-S
15
TRQ 4 (1.700 t)
15
10-A
15
10-A
17011110 Raw cane sugar, for refining (excl. added flavouring or colouring)
TRQ 5 (5.400 t)
17011190 Raw cane sugar (excl. for refining and added flavouring or colouring)
TRQ 5 (5.400 t)
17011210 Raw beet sugar, for refining (excl. added flavouring or colouring)
TRQ 5 (5.400 t)
17011290 Raw beet sugar (excl. for refining and added flavouring or colouring)
TRQ 5 (5.400 t)
16024930
16024950
16025010
16025031
16025039
16025080
16029051
Page 92
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
17019100 Refined cane or beet sugar, containing added flavouring or colouring, in solid form
TRQ 5 (5.400 t)
17019910 White sugar, containing in dry state>= 99,5% sucrose (excl. flavoured or coloured)
Cane or beet sugar and chemically pure sucrose, in solid form (excl. cane and beet sugar
17019990 containing added flavouring or colouring, raw sugar and white sugar)
Isoglucose in the solid form, not containing fructose or containing in the dry state < 20%
17023010 by weight of fructose
TRQ 5 (5.400 t)
TRQ 5 (5.400 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
TRQ 6 (640 t)
Glucose dextrose in the form of white crystalline powder, whether or not agglomerated,
not containing fructose or containing in the dry state < 20% by weight of glucose and
17023051 containing in the dry state >= 99% by weight of glucose (excl. isoglucose)
Glucose in solid form and glucose syrup, not containing added flavouring or colouring
matter and not containing fructose or containing in the dry state < 20% by weight of
fructose and containing in the dry state >= 99% by weight of glucose (excl. isoglucose
and glucose dextrose in the form of white crystalline powder, whether or not
17023059 agglomerated)
Glucose dextrose in the form of white crystalline powder, whether or not agglomerated,
not containing fructose or containing in the dry state < 20% by weight of glucose and
17023091 containing in the dry state < 99% by weight of glucose (excl. isoglucose)
Glucose in solid form and glucose syrup, not containing added flavouring or colouring
matter and not containing fructose or containing in the dry state < 20% by weight of
fructose and < 99% by weight of glucose (excl. isoglucose and glucose dextrose in the
17023099 form of white crystalline powder, whether or not agglomerated)
Isoglucose in solid form, containing in the dry state >= 20% and < 50% by weight of
17024010 fructose (excl. invert sugar)
Glucose in solid form and glucose syrup, not containing added flavouring or colouring
matter, and containing in the dry state >= 20% and < 50% by weight of fructose (excl.
17024090 isoglucose and invert sugar)
Page 93
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
17029079
17029099
19021100
19021990
19041010
19041090
19042010
Sugar and molasses, caramelised, containing in the dry state < 50% by weight of sucrose
(excl. sugar and molasses in powder form, whether or not agglomerated)
Sugars in solid form, incl. invert sugar, and sugar and sugar syrup blends containing in
the dry state 50% by weight of fructose, not containing added flavouring or colouring
matter (excl. cane or beet sugar, chemically pure sucrose and maltose, lactose, maple
sugar, glucose, fructose, maltodextrine, and syrups thereof, isoglucose, inulin syrup,
artificial honey and caramel)
Uncooked pasta, not stuffed or otherwise prepared, containing eggs
Uncooked pasta, not stuffed or otherwise prepared, containing common wheat flour or
meal but no eggs
Prepared foods obtained by swelling or roasting cereals or cereal products based on
maize
Prepared foods obtained by swelling or roasting cereals or cereal products (excl. based
on maize or rice)
Preparations of the Msli type based on unroasted cereal flakes
Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted
cereal flakes and roasted cereal flakes or swelled cereals, obtained from maize (excl.
19042091 preparations of the Msli type on the basis of unroasted cereal flakes)
19042099
19051000
19053199
19053211
19053299
19054010
19059030
19059045
19059055
19059060
19059090
20019070
20021010
Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted
and roasted cereal flakes or swelled cereals (excl. obtained from maize or rice and
preparations of the Msli type based on unroasted cereal flakes)
Crispbread
Sweet biscuits, whether or not containing cocoa, containing < 8% milkfats (excl. coated
or covered with chocolate or cocoa preparations and sandwich biscuits)
Waffles and wafers, whether or not containing cocoa, coated or covered with chocolate
or cocoa preparations, in immediate packings of <= 85 g (excl. of a water content, by
weight, of > 10%)
Waffles and wafers, whether or not containing cocoa, whether or not filled (excl. coated
or covered with chocolate or cocoa preparations, salted and those with water content of
> 10%)
Rusks
Bread, not containing added honey, eggs, cheese or fruit, whether or not containing in
the dry state <= 5% by weight of either sugars or fats
Biscuits (excl. sweet biscuits)
Extruded or expanded products, savoury or salted (excl. crispbread, rusks, toasted
bread, similar toasted products and waffles and wafers)
Fruit tarts, currant bread, panettone, meringues, Christmas stollen, croissants and other
bakers'' wares with added sweetener (excl. crispbread, gingerbread and the like, sweet
biscuits, waffles and wafers, and rusks)
Pizzas, quiches and other unsweetened bakers'' wares (excl. crispbread, gingerbread and
the like, sweet biscuits, waffles and wafers, rusks and similar toasted products, bread,
communion wafers, empty cachets for pharmaceutical use, sealing wafers, rice paper
and similar products)
Sweet peppers, prepared or preserved by vinegar or acetic acid
Peeled tomatoes, whole or in pieces, prepared or preserved otherwise than by vinegar
or acetic acid
Page 94
TRQ 6 (640 t)
TRQ 6 (640 t)
3-A
10
5-A
15
5-A
15
15
3-A
3-A
15
3-A
15
15
3-A
5-A
15
5-A
15
3-A
15
15
5-A
5-A
10
10
5-A
5-A
10
5-A
10
5-A
10
20
3-A
3-A
20
5-A
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Unpeeled tomatoes, whole or in pieces, prepared or preserved otherwise than by
20021090 vinegar or acetic acid
Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with dry
matter content of < 12%, in immediate packings of a net content of > 1 kg (excl. whole or
20029011 in pieces)
Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with dry
matter content of < 12%, in immediate packings of a net content of <= 1 kg (excl. whole
20029019 or in pieces)
Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with dry
matter content of >= 12% but <= 30%, in immediate packings of a net content of > 1 kg
20029031 (excl. whole or in pieces)
Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with dry
matter content of >= 12% but 30%, in immediate packings of a net content of <= 1 kg
20029039 (excl. whole or in pieces)
Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with dry
matter content of > 30%, in immediate packings of a net content of > 1 kg (excl. whole or
20029091 in pieces)
Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with dry
matter content of > 30%, in immediate packings of a net content of <= 1 kg (excl. whole
20029099 or in pieces)
Peas "Pisum sativum" and immature beans "Phaseolus spp.", prepared or preserved
20049050 otherwise than by vinegar or acetic acid, frozen
Peas "Pisum Sativum", prepared or preserved otherwise than by vinegar or acetic acid
20054000 (excl. frozen)
Shelled beans "Vigna spp., Phaseolus spp.", prepared or preserved otherwise than by
20055100 vinegar or acetic acid (excl. frozen)
Sweetcorn "Zea Mays var. Saccharata", prepared or preserved otherwise than by vinegar
20058000 or acetic acid (excl. frozen)
Mixtures of vegetables, prepared or preserved otherwise than by vinegar or acetic acid,
20059950 not frozen
Vegetables, prepared or preserved otherwise than by vinegar or acetic acid, not frozen
(excl. preserved by sugar, homogenised vegetables of subheading 2005.10, and
tomatoes, mushrooms, truffles, potatoes, sauerkraut, peas "Pisum sativum", beans
"Vigna spp., Phaseolus spp." asparagus, olives, sweetcorn "Zea Mays var. Saccharata",
bamboo shoots, fruit of the genus Capsicum hot to the taste, capers, artichokes, carrots
20059990 and mixtures of vegetables)
Plum pure and paste, obtained by cooking, with sugar content of > 30% by weight, in
20079910 packings of > 100 kg, for industrial processing
20
5-A
20
5-A
20
5-A
20
3-A
20
3-A
20
3-A
20
3-A
10
3-A
25
5-A
15
5-A
10
3-A
15
3-A
15
3-A
10
5-A
Cherry jams, jellies, marmalades, pures or pastes, obtained by cooking, with sugar
20079931 content of > 30% by weight (excl. homogenised preparations of subheading 2007.10)
10
5-A
Strawberry jams, jellies, marmalades, pures or pastes, obtained by cooking, with sugar
20079933 content of > 30% (excl. homogenised preparations of subheading 2007.10)
10
5-A
10
5-A
15
5-A
Raspberry jams, jellies, marmalades, pures or pastes, obtained by cooking, with sugar
20079935 content of > 30% by weight (excl. homogenised preparations of subheading 2007.10)
Tomato juice of a dry extract content < 7% by weight, containing added sugar,
20095010 unfermented (excl. containing added spirit)
Page 95
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Tomato juice of a dry extract content < 7% by weight, unfermented (excl. containing
20095090 added sugar or spirit)
Grape juice, incl. grape must, unfermented, Brix value > 67 at 20C, value of <= 22 per
100 kg, whether or not containing added sugar or other sweetening matter (excl.
20096911 containing spirit)
Grape juice, incl. grape must, unfermented, Brix value > 67 at 20C, value of > 22 per
100 kg, whether or not containing added sugar or other sweetening matter (excl.
20096919 containing spirit)
Concentrated grape juice, incl. grape must, unfermented, Brix value > 30 but <= 67 at
20C, value of > 18 per 100 kg, whether or not containing added sugar or other
20096951 sweetening matter (excl. containing spirit)
Grape juice, incl. grape must, unfermented, Brix value > 30 but <= 67 at 20C, value of >
18 per 100 kg, whether or not containing added sugar or other sweetening matter
20096959 (excl. concentrated or containing spirit)
Concentrated grape juice, incl. grape must, unfermented, Brix value > 30 but <= 67 at
20096971 20C, value of <= 18 per 100 kg, containing > 30% added sugar (excl. containing spirit)
20096979
20096990
20097110
20097191
Grape juice, incl. grape must, unfermented, Brix value > 30 but <= 67 at 20C, value of <=
18 per 100 kg, containing > 30% added sugar (excl. concentrated or containing spirit)
Grape juice, incl. grape must, unfermented, Brix value > 30 but <= 67 at 20C, value of <=
18 per 100 kg, whether or not containing added sugar or other sweetening matter
(excl. containing > 30% added sugar or containing spirit)
Apple juice, unfermented, Brix value <= 20 at 20C, value of > 18 per 100 kg, containing
added sugar (excl. containing spirit)
Apple juice, unfermented, Brix value <= 20 at 20C, value of <= 18 per 100 kg and
containing added sugar (excl. containing spirit)
Apple juice, unfermented, Brix value > 67 at 20C, value of > 22 per 100 kg, whether or
20097919 not containing added sugar or other sweetening matter (excl. containing spirit)
Apple juice, unfermented, Brix value > 20 but <= 67 at 20C, value of <= 18 per 100 kg,
20097993 containing <= 30% added sugar (excl. containing spirit)
Cherry juice, unfermented, Brix value <= 67 at 20C (excl. containing added sugar or
20098096 containing spirit)
Juice of fruit or vegetables, unfermented, Brix value <= 67 at 20C (excl. containing
added sugar or containing spirit, mixtures, and juice of citrus fruit, guavas, mangoes,
mangosteens, papaws "papayas", tamarinds, cashew apples, lychees, jackfruit, sapodillo
plums, passion fruit, carambola, pitahaya, pineapples, tomatoes, grapes, incl. grape
20098099 must, apples, pears, cherries and of the fruit of the species Vaccinium macrocarpon)
Mixtures of fruit juices, incl. grape must, and vegetable juices, unfermented, Brix value
<= 67 at 20C, value of > 30 per 100 kg, containing added sugar (excl. containing spirit
20099051 and mixtures of apple and pear or citrus and pineapple juices)
Mixtures of fruit juices, incl. grape must, and vegetable juices, unfermented, Brix value
<= 67 at 20C, value of > 30 per 100 kg (excl. containing added sugar or containing spirit
20099059 and mixtures of apple and pear or citrus and pineapple juices)
Sparkling wine of fresh grapes of actual alcoholic strength of >= 8,5% vol (excl.
22041019 champagne)
22041091 Asti spumante of actual alcoholic strength of < 8,5% vol
Page 96
15
5-A
15
5-A
15
5-A
15
5-A
15
5-A
15
5-A
15
5-A
15
5-A
15
5-A
15
5-A
15
5-A
15
5-A
10
5-A
10
5-A
15
3-A
15
5-A
0,5 euro/l
0,5 euro/l
5-A
5-A
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Sparkling wine of fresh grapes and of actual alcoholic strength of < 8,5% vol (excl. Asti
22041099 spumante)
Wine of fresh grapes, incl. fortified wines, in bottles with "mushrooms" stoppers held in
place by ties or fastenings, holding <= 2 l; wine otherwise put up with an excess pressure
due to carbon dioxide in solution of >= 1 bar but < 3 bar measured at 20C, in containers
22042110 holding <= 2 l (excl. sparkling wine)
Quality white wines produced in Alsace, in containers holding <= 2 l and of an actual
alcoholic strength of by volume of <= 13% vol (excl. sparkling wine and semi-sparkling
22042111 wine)
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
Quality white wines produced in Bordeaux, in containers holding <= 2 l and of an actual
22042112 alcoholic strength of <= 13% vol (excl. sparkling wine and semi-sparkling wine)
0,5 euro/l
5-A
Quality white wines produced in Burgundy, in containers holding <= 2 l and of an actual
22042113 alcoholic strength of <= 13% vol (excl. sparkling wine and semi-sparkling wine)
0,5 euro/l
5-A
Quality white wines produced in Val de Loire, in containers holding <= 2 l and of an
22042117 actual alcoholic strength of <= 13% vol (excl. sparkling wine and semi-sparkling wine)
0,5 euro/l
5-A
0,5 euro/l
5-A
Quality white wines produced in Pfalz, in containers holding <= 2 l and of an actual
22042119 alcoholic strength of <= 13% vol (excl. sparkling wine and semi-sparkling wine)
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
Quality white wines produced in Veneto, in containers holding <= 2 l and of an actual
22042128 alcoholic strength of <= 13% vol (excl. sparkling wine and semi-sparkling wine)
0,5 euro/l
5-A
Quality white wines of the "vinho verde" category, in containers holding <= 2 l and of an
22042132 actual alcoholic strength of <= 13% vol (excl. sparkling wine and semi-sparkling wine)
0,5 euro/l
5-A
Quality white wines produced in Peneds, in containers holding <= 2 l and of an actual
22042134 alcoholic strength of <= 13% vol (excl. sparkling wine and semi-sparkling wine)
0,5 euro/l
5-A
Page 97
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Quality white wines produced in Rioja, in containers holding <= 2 l and of an actual
22042136 alcoholic strength of <= 13% vol (excl. sparkling wine and semi-sparkling wine)
22042137
22042138
22042142
22042143
22042144
22042146
22042147
22042148
22042162
22042166
22042167
22042168
22042169
22042171
22042174
Quality white wines produced in Valencia, in containers holding <= 2 l and of an actual
alcoholic strength of <= 13% vol (excl. sparkling wine and semi-sparkling wine)
Quality white wines produced in specified regions, in containers holding <= 2 l and of an
actual alcoholic strength of <= 13% vol (other than Alsace, Bordeaux, Burgundy, Val de
Loire, Mosel-Saar-Ruwer, Pfalz, Rheinhessen, Tokaj, Lazio, Toscana, Trentino, Alto Adige,
Friuli, Veneto, vinho verde, Peneds, Rioja, Valencia, sparkling wine and semi-sparkling
wine)
Quality wines produced in Bordeaux, in containers holding <= 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Quality wines produced in Burgundy, in containers holding <= 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Quality wines produced in Beaujolais, in containers holding <= 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Quality wines produced in Ctes-du-Rhne, in containers holding <= 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Quality wines produced in Languedoc-Roussillon, in containers holding <= 2 l and of an
actual alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine
and general white wine)
Quality wines produced in Val de Loire, in containers holding <= 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Quality wines produced in Piemonte [Piedmont], in containers holding <= 2 l and of an
actual alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine
and general white wine)
Quality wines produced in Toscana [Tuscany], in containers holding <= 2 l and of an
actual alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine
and general white wine)
Quality wines produced in Trentino and Alto Adige, in containers holding <= 2 l and of an
actual alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine
and general white wine)
Quality wines produced in Veneto, in containers holding <= 2 l and of an actual alcoholic
strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and general white
wine)
Quality wines produced in Dao, Bairrada and Douro, in containers holding <= 2 l and of
an actual alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling
wine and general white wine)
Quality wines produced in Navarra, in containers holding <= 2 l and of an actual alcoholic
strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and general white
wine)
Quality wines produced in Peneds, in containers holding <= 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Page 98
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Quality wines produced in Rioja, in containers holding <= 2 l and of an actual alcoholic
strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and general white
22042176 wine)
Quality wines produced in Valdepeas, in containers holding <= 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
22042177 general white wine)
Quality wines produced in specified regions, in containers holding <= 2 l and of an actual
alcoholic strength of <= 13% vol (other than Bordeaux, Burgundy, Beaujolais, Ctes-duRhne, Languedoc-Roussillon, Val de Loire, Piemonte, Toscana, Trentino, Alto Adige,
Veneto, Dao, Bairrada, Douro, Navarra, Peneds, Rioja, Valdepeas, sparkling wine, semi22042178 sparkling wine and general white wine)
White wine of fresh grapes, in containers holding <= 2 l and of an actual alcoholic
strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and quality wines
22042179 produced in specified regions)
Wine of fresh grapes, incl. wine and grape must with fermentation arrested or
interrupted by the addition of alcohol, in containers holding <= 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine, quality
22042180 wines produced in specified regions and general white wine)
22042181
22042182
22042183
22042184
22042185
22042187
22042188
22042189
22042191
22042192
22042193
Quality white wines produced in Tokaj "e.g. Aszu, Szamorodni, Msls, Fordts", in
containers holding <= 2 l and of an actual alcoholic strength of > 13% vol to 15% vol
Quality white wines produced in specified regions, in containers holding <= 2 l and of an
actual alcoholic strength of > 13% vol to 15% vol (other than Tokaj, sparkling wine and
semi-sparkling wine)
Quality wines produced in specified regions, in containers holding <= 2 l and of an actual
alcoholic strength of > 13% vol to 15% vol (other than sparkling wine, semi-sparkling
wine and general white wine)
White wine of fresh grapes, in containers holding <= 2 l and of an actual alcoholic
strength of > 13% vol to 15% vol (other than sparkling wine, semi-sparkling wine and
quality wines produced in specified regions)
Wine of fresh grapes, incl. fortified wine and grape must with fermentation arrested or
interrupted by the addition of alcohol, in containers holding <= 2 l and of an actual
alcoholic strength of > 13% vol to 15% vol (other than sparkling wine, semi-sparkling
wine, quality wines produced in specified regions and general white wine)
Marsala, in containers holding <= 2 l and of an actual alcoholic strength of > 15% vol to
18% vol
Samos and Muscat de Lemnos, in containers holding <= 2 l and of an actual alcoholic
strength of > 15% vol to 18% vol
Port, in containers holding <= 2 l and of an actual alcoholic strength of > 15% vol to 18%
vol
Madeira and Setubal muscatel, in containers holding <= 2 l and of an actual alcoholic
strength of > 15% vol to 18% vol
Sherry, in containers holding <= 2 l and of an actual alcoholic strength of > 15% vol to
18% vol
Tokay (Aszu and Szamorodni), i n containers holding <= 2 l and of an actual alcoholic
strength of > 15% vol to 18% vol
Page 99
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
22042194
Wine of fresh grapes, incl fortified wine, in containers holding <= 2 l and of an actual
alcoholic strength of > 15% vol to 18% vol (other than sparkling wine, semi-sparkling
wine and Marsala, Samos, Muskat de Limnos, Port, Madeira, Setubal muscatel and
Sherry)
Port, in containers holding <= 2 l and of an actual alcoholic strength of > 18% vol to 22%
vol
Madeira, Sherry and Setubal muscatel, in containers holding <= 2 l and of an actual
alcoholic strength of > 18% vol to 22% vol
Tokay (Aszu and Szamorodni) , in containers holding <= 2 l and of an actual alcoholic
strength of > 18% vol to 22% vol
Wine of fresh grapes, incl. fortified wine, in containers holding <= 2 l and of an actual
alcoholic strength of > 18% vol to 22% vol (other than Port, Madeira, Sherry and Setubal
muscatel)
Wine of fresh grapes, incl. fortified wine, in containers holding <= 2 l and of an actual
alcoholic strength of > 22% vol
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
Quality white wines produced in Bordeaux, in containers holding > 2 l and of an actual
22042912 alcoholic strength of <= 13% vol (other than sparkling wine and semi-sparkling wine)
0,5 euro/l
5-A
Quality white wines produced in Burgundy, in containers holding > 2 l and of an actual
22042913 alcoholic strength of <= 13% vol (other than sparkling wine and semi-sparkling wine)
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
22042195
22042196
22042197
22042198
22042199
Wine of fresh grapes, incl. fortified wines, in bottles with "mushroom" stoppers held in
place by ties or fastenings, holding > 2 l; wine otherwise put up with an excess pressure
due to carbon dioxide in solution of >= 1 bar but < 3 bar measured at 20C, in containers
22042910 holding > 2 l (excl. sparkling wine and semi-sparkling wine)
Quality white wines produced in Tokaj "e.g. Aszu, Szamorodni, Msls, Fordts", in
containers holding > 2 l and of an actual alcoholic strength of <= 13% vol (excl. sparkling
22042911 wine and semi-sparkling wine)
22042917
22042918
22042942
22042943
22042944
22042946
22042947
Quality white wines produced in Val de Loire, in containers holding > 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine and semi-sparkling wine)
Quality white wines produced in specified regions, in containers holding > 2 l and of an
actual alcoholic strength of <= 13% vol (other than Tokaj, Bordeaux, Burgundy, Val de
Loire, sparkling wine and semi-sparkling wine)
Quality wines produced in Bordeaux, in containers holding > 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Quality wines produced in Burgundy, in containers holding > 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Quality wines produced in Beaujolais, in containers holding > 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Quality wines produced in Ctes-du-Rhne, in containers holding > 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Quality wines produced in Languedoc-Roussillon, in containers holding > 2 l and of an
actual alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine
and general white wine)
Page 100
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
22042948
22042958
22042962
22042964
22042965
22042971
22042972
22042975
Quality wines produced in Val de Loire, in containers holding > 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and
general white wine)
Quality wines produced in specified regions, in containers holding > 2 l and of an actual
alcoholic strength of <= 13% vol (other than Bordeaux, Burgundy, Beaujolais, Ctes-duRhne, Languedoc-Roussillon, Val de Loire, and sparkling wine, semi-sparkling wine and
general white wine)
White wine produced in Sicily, in containers holding > 2 l and of an actual alcoholic
strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and quality wines
produced in specified regions)
White wine produced in Veneto, in containers holding > 2 l and of an actual alcoholic
strength of <= 13% vol (other than sparkling wine, semi-sparkling wine and quality wines
produced in specified regions)
White wine of fresh grapes, in containers holding > 2 l and of an actual alcoholic strength
of <= 13% vol (other than sparkling wine, semi-sparkling wine, quality wines produced in
specified regions and wines produced in Sicily and Veneto)
Wines produced in Puglia [Apulia], in containers holding > 2 l and of an actual alcoholic
strength of <= 13% vol (other than sparkling wine, semi-sparkling wine, quality wines
produced in specified regions and general white wine)
Wines produced in Sicily, in containers holding > 2 l and of an actual alcoholic strength of
<= 13% vol (other than sparkling wine, semi-sparkling wine, quality wines produced in
specified regions and general white wine)
Wine of fresh grapes, incl. fortified wine and grape must, with fermentation arrested or
interrupted by the addition of alcohol, in containers holding > 2 l and of an actual
alcoholic strength of <= 13% vol (other than sparkling wine, semi-sparkling wine, wines
produced in Puglia and Sicily, quality wines produced in specified regions and general
white wine)
Quality white wines produced in Tokaj "e.g. Aszu, Szamorodni, Msls, Fordts", in
22042977 containers holding > 2 l and of an actual alcoholic strength of > 13% vol to 15% vol
Quality white wines produced in specified regions, in containers holding > 2 l and of an
actual alcoholic strength of > 13% vol to 15% vol (other than Tokaj, sparkling wine and
22042978 semi-sparkling wine)
Quality wines produced in specified regions, in containers holding > 2 l and of an actual
alcoholic strength of > 13% vol to 15% vol (other than sparkling wine, semi-sparkling
22042982 wine and general white wine)
White wine of fresh grapes, in containers holding > 2 l and of an actual alcoholic strength
22042983 of > 13% vol to 15% vol (other than quality wines produced in specified regions)
22042984
22042987
22042988
22042989
Wine of fresh grapes, incl. fortified wine and grape must with fermentation arrested or
interrupted by the addition of alcohol, in containers holding > 2 l and of an actual
alcoholic strength of > 13% vol to 15% vol (other than sparkling wine, semi-sparkling
wine, quality wines produced in specified regions and general white wine)
Marsala, in containers holding > 2 l and of an actual alcoholic strength of > 15% vol to
18% vol
Samos and Muscat de Lemnos, in containers holding > 2 l and of an actual alcoholic
strength of > 15% vol to 18% vol
Port, in containers holding > 2 l and of an actual alcoholic strength of > 15% vol to 18%
vol
Page 101
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Madeira and Setubal muscatel, in containers holding > 2 l and of an actual alcoholic
22042991 strength of > 15% vol to 18% vol
Sherry, in containers holding > 2 l and of an actual alcoholic strength of > 15% vol to 18%
22042992 vol
Tokay (Aszu and Szamorodni) , in containers holding > 2 l and of an actual alcoholic
22042993 strength of > 15% vol to 18% vol
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
0,5 euro/l
5-A
5-A
5-A
5-A
5-A
5-A
5
5
22042994
22042995
22042996
22042998
22042999
22043010
22043092
22043094
22043096
22043098
Wine of fresh grapes, incl. fortified wine, in containers holding > 2 l and of an actual
alcoholic strength of > 15% vol to 18% vol (other than sparkling wine, semi-sparkling
wine, quality wines produced in specified regions and general white wine, Marsala,
Samos, Muscat de Lemnos, Port, Madeira, Setubal muscatel and Sherry)
Port, in containers holding > 2 l and of an actual alcoholic strength of > 18% vol to 22%
vol
Madeira, Sherry and Setubal muscatel, in containers holding > 2 l and of an actual
alcoholic strength of > 18% vol to 22% vol
Wine of fresh grapes, incl. fortified wine, in containers holding > 2 l and of an actual
alcoholic strength of > 18% vol to 22% vol (other than Port, Madeira, Sherry and Setubal
muscatel)
Wine of fresh grapes, incl. fortified wine, in containers holding > 2 l and of an actual
alcoholic strength of > 22% vol
Grape must, arrested otherwise than by addition of alcohol, of an actual alcoholic
strength of > 1% vol (excl. grape must whose fermentation has been arrested by the
addition of alcohol)
Grape must, unfermented, concentrated within the meaning of Additional Note 7 to
chapter 22, of a density <= 1,33 g/cm at 20C and of an actual alcoholic strength <= 1%
vol but > 0,5% vol (excl. grape must whose fermentation has been arrested by the
addition of alcohol)
Grape must, unfermented, non-concentrated, of a density <= 1,33 g/cm at 20C and of
an actual alcoholic strength <= 1% vol but > 0,5% vol (excl. grape must whose
fermentation has been arrested by the addition of alcohol)
Grape must, unfermented, concentrated within the meaning of Additional Note 7 to
chapter 22, of a density > 1,33 g/cm at 20C and of an actual alcoholic strength <= 1%
vol but > 0,5% vol (excl. grape must whose fermentation has been arrested by the
addition of alcohol)
Grape must, unfermented, non-concentrated, of a density > 1,33 g/cm at 20C and of an
actual alcoholic strength <= 1% vol but > 0,5% vol (excl. grape must whose fermentation
has been arrested by the addition of alcohol)
Page 102
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
39172110
Rigid tubes, pipes and hoses, of polymers of ethylene, seamless and of a length > the
maximum cross-sectional dimension, whether or not surface-worked, but not otherwise
worked
Rigid tubes, pipes and hoses, of polymers of ethylene (excl. seamless and cut to length
only)
Rigid tubes, pipes and hoses, of polymers of propylene, seamless and of a length > the
maximum cross-sectional dimension, whether or not surface-worked, but not otherwise
worked
Rigid tubes, pipes and hoses, of polymers of propylene (excl. seamless and cut to length
only)
Rigid tubes, pipes and hoses, of polymers of vinyl chloride, seamless and of a length >
the maximum cross-sectional dimension, whether or not surface-worked, but not
otherwise worked
Rigid tubes, pipes and hoses, of polymers of vinyl chloride (excl. seamless and cut to
length only)
Flexible tubes, pipes and hoses, of plastics, burst pressure >= 27,6 MPa
6.5
6.5
6.5
6.5
6.5
6.5
6.5
5
5
6.5
Flexible tubes, pipes and hoses, of polymers of ethylene, not reinforced or otherwise
combined with other materials, seamless and of a length > the maximum cross-sectional
39173231 dimension, whether or not surface-worked, but not otherwise worked
6.5
Flexible tubes, pipes and hoses, of polymers of vinyl chloride, not reinforced or
otherwise combined with other materials, seamless and of a length > the maximum
39173235 cross-sectional dimension, whether or not surface-worked, but not otherwise worked
6.5
6.5
6.5
6.5
6.5
6.5
39172190
39172210
39172290
39172310
39172390
39173100
Flexible tubes, pipes and hoses, of addition polymerization products, not reinforced or
otherwise combined with other materials, seamless and of a length > the maximum
cross-sectional dimension, whether or not surface-worked, but not otherwise worked
39173239 (excl. those of polymers of ethylene or vinyl chloride)
Flexible tubes, pipes and hoses, of plastics, not reinforced or otherwise combined with
other materials, seamless and of a length > the maximum cross-sectional dimension,
whether or not surface-worked, but not otherwise worked (excl. tubes of addition
polymerization products, condensation or reaaranement polymerization products,
39173251 whether or not chemically modified)
39173291 Artificial guts "sausage casings" (excl. those of hardened protein or cellulose materials)
Flexible tubes, pipes and hoses of plastics, not reinforced or otherwise combined with
39173299 other materials, without fittings (excl. seamless and cut to length only and artificial guts)
Flexible tubes, pipes and hoses of condensation or rearrangement polymerization
products, whether or not chemically modified, reinforced or otherwise combined with
other materials, seamless and of a length greater than the maximum diameter, whether
or not surface-worked but not otherwise worked (excl. tubes with a burst pressure of >=
39173912 27,6 MPa)
Page 103
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
39173919
39173990
39174000
39221000
39222000
39229000
39231000
39232100
39232910
39232990
39233010
39233090
Flexible tubes, pipes and hoses, of plastics, reinforced or otherwise combined with other
materials, seamless and of a length > the maximum cross-sectional dimension, whether
or not surface-worked, but not otherwise worked (excl. addition polymerization
products, condensation polymerization products and rearrangement polymerization
products, and products able to withstand a pressure of >= 27,6 MPa)
Flexible tubes, pipes and hoses, of plastics, reinforced or otherwise combined with other
materials (excl. seamless or cut to length only; tubes with a burst pressure of >= 27,6
MPa)
Fittings, e.g. joints, elbows, flanges, of plastics, for tubes, pipes and hoses
Baths, shower-baths, sinks and washbasins, of plastics
Lavatory seats and covers, of plastics
Bidets, lavatory pans, flushing cisterns and similar sanitary ware, of plastics (excl. baths,
shower-baths, sinks, washbasins, lavatory seats and covers)
Boxes, cases, crates and similar articles for the conveyance or packaging of goods, of
plastics
Sacks and bags, incl. cones, of polymers of ethylene
Sacks and bags, incl. cones, of poly"vinyl chloride"
Sacks and bags, incl. cones, of plastics (excl. those of poly"vinyl chloride" and polymers
of ethylene)
Carboys, bottles, flasks and similar articles for the conveyance or packaging of goods, of
plastics, with a capacity of <= 2 l
Carboys, bottles, flasks and similar articles for the conveyance or packaging of goods, of
plastics, with a capacity of > 2 l
39235090 Stoppers, lids, caps and other closures, of plastics (excl. caps and capsules for bottles)
Articles for the conveyance or packaging of goods, of plastics (excl. boxes, cases, crates
and similar articles; sacks and bags, incl. cones; carboys, bottles, flasks and similar
articles; spools, spindles, bobbins and similar supports; stoppers, lids, caps and other
39239090 closures; plastic netting extruded in tubular form)
39241000 Tableware and kitchenware, of plastics
39249011 Sponges for household or toilet purposes, of regenerated cellulose
Household articles and toilet articles, of plastics other than regenerated cellulose (excl.
tableware, kitchenware, baths, shower-baths, washbasins, bidets, lavatory pans, seats
39249090 and covers, flushing cisterns and similar sanitary ware)
39251000 Reservoirs, tanks, vats and similar containers, of plastics, with a capacity of > 300 l
39252000 Doors, windows and their frames and thresholds for doors, of plastics
Shutters, blinds, incl. Venetian blinds, and similar articles and parts thereof, of plastics
39253000 (excl. fittings and similar articles)
Fittings and mountings intended for permanent installation in or on doors, windows,
39259010 staircases, walls or other parts of buildings, of plastics
39259020 Trunking, ducting and cable trays for electrical circuits, of plastics
Page 104
6.5
6.5
6.5
6.5
6.5
6.5
3
3
3
3
6.5
6.5
6.5
6.5
3
3
3
6.5
6.5
6.5
6.5
6.5
6.5
6.5
3
3
3
6.5
6.5
6.5
3
3
6.5
6.5
6.5
3
3
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
39259080
39262000
39269097
57024110
57024190
57024210
57024290
Builders'' ware for the manufacture of flooring, walls, partition walls, ceilings, roofing,
etc. guttering and accessories, banisters, fences and the like, fitted shelving for shops,
factories, warehouses, storerooms, etc., architectural ornaments such as fluting, vaulting
and friezes, of plastics, n.e.s.
Articles of apparel and clothing accessories produced by the stitching or sticking
together of plastic sheeting, incl. gloves, mittens and mitts
Articles of plastics and articles of other materials of heading 3901 to 3914, n.e.s.
Axminster carpets of wool or fine animal hair, woven, not tufted or flocked, of pile
construction, made up
Carpets and other floor coverings, of wool or fine animal hair, woven, not tufted or
flocked, of pile construction, made up (excl. Kelem, Schumacks, Karamanie and similar
hand-woven rugs, and Axminster carpets)
Axminster carpets of man-made textile materials, woven, not tufted or flocked, of pile
construction, made up
Carpets and other floor coverings, of man-made textile materials, woven, not tufted or
flocked, of pile construction, made up (excl. Kelem, Schumacks, Karamanie and similar
hand-woven rugs, and Axminster carpets)
Carpets and other floor coverings, of vegetable textile materials or coarse animal hair,
woven, not tufted or flocked, of pile construction, made up (excl. Kelem, Schumacks,
57024900 Karamanie and similar hand-woven rugs, and floor coverings of coconut fibres "coir")
Carpets and other floor coverings, of wool or fine animal hair, tufted "needle punched",
57031000 whether or not made up
Carpets and other floor coverings, of nylon or other polyamides, tufted needle punched,
57032019 whether or not made up, printed (excl. carpet tiles with an area of <= 0,3 m)
57032099
57033019
57049000
57050030
57050090
61012090
61013090
61022090
Carpets and other floor coverings, of nylon or other polyamides, tufted needle punched,
whether or not made up (excl. printed, and carpet tiles with an area of <= 0,3 m)
Carpets and other floor coverings, of polypropylene, tufted needle punched, whether or
not made up (excl. carpet tiles with an area of <= 0,3 m)
Carpets and other floor coverings, of felt, not tufted or flocked, whether or not made up
(excl. floor tiles with an area of <= 0,3 m)
Carpets and other floor coverings, of man-made textile materials, whether or not made
up (excl. knotted, woven or tufted "needle punched", and of felt)
Carpets and other floor coverings, of vegetable textile materials or coarse animal hair,
whether or not made up (excl. knotted, woven or tufted "needle punched", and of felt)
Men''s or boys'' anoraks, incl. ski jackets, windcheaters, wind-jackets and similar articles
of cotton, knitted or crocheted (excl. suits, ensembles, jackets, blazers, bib and brace
overalls and trousers)
Men''s or boys'' anoraks, incl. ski jackets, windcheaters, wind-jackets and similar articles
of man-made fibres, knitted or crocheted (excl. suits, ensembles, jackets, blazers, bib
and brace overalls and trousers)
Women''s or girls'' anoraks, incl. ski jackets, windcheaters, wind-jackets and similar
articles, of cotton, knitted or crocheted (excl. suits, ensembles, jackets, blazers, dresses,
skirts, divided skirts, trousers, bib and brace overalls)
Page 105
6.5
6.5
6.5
3
5
12
12
20
20
12
12
12.5
12.5
12.5
12
12
12
12
12
12
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
61023090
Women''s or girls'' anoraks, incl. ski jackets, windcheaters, wind-jackets and similar
articles, of man-made fibres, knitted or crocheted (excl. suits, ensembles, jackets,
blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls)
Men''s or boys'' jackets and blazers of cotton, knitted or crocheted (excl. wind-jackets
and similar articles)
Men''s or boys'' jackets and blazers of synthetic fibres, knitted or crocheted (excl. windjackets and similar articles)
Men''s or boys'' trousers, bib and brace overalls, breeches and shorts of cotton, knitted
or crocheted (excl. swimwear and underpants)
Men''s or boys'' trousers, bib and brace overalls, breeches and shorts of synthetic fibres,
knitted or crocheted (excl. swimwear and underpants)
Women''s or girls'' jackets and blazers of cotton, knitted or crocheted (excl. wind-jackets
and similar articles)
Women''s or girls'' jackets and blazers of synthetic fibres, knitted or crocheted (excl.
wind-jackets and similar articles)
12
12
12
12
12
12
12
Women''s or girls'' jackets and blazers of textile materials, knitted or crocheted (excl. of
61043900 wool, fine animal hair, cotton or synthetic fibres, wind-jackets and similar articles)
61044200 Women''s or girls'' dresses of cotton, knitted or crocheted (excl. petticoats)
12
12
3
5
61044300 Women''s or girls'' dresses of synthetic fibres, knitted or crocheted (excl. petticoats)
12
61044400 Women''s or girls'' dresses of artificial fibres, knitted or crocheted (excl. petticoats)
Women''s or girls'' dresses of textile materials, knitted or crocheted (excl. of wool, fine
61044900 animal hair, cotton, man-made fibres and petticoats)
Women''s or girls'' skirts and divided skirts of cotton, knitted or crocheted (excl.
61045200 petticoats)
Women''s or girls'' skirts and divided skirts of synthetic fibres, knitted or crocheted (excl.
61045300 petticoats)
12
12
12
12
12
12
12
12
12
12
12
12
12
12
5
5
5
61033200
61033300
61034200
61034300
61043200
61043300
61045900
61046200
61046300
61046900
61051000
61052010
61061000
61062000
61071100
61071200
Women''s or girls'' skirts and divided skirts of textile materials, knitted or crocheted
(excl. of wool, fine animal hair, cotton or synthetic fibres, and petticoats)
Women''s or girls'' trousers, bib and brace overalls, breeches and shorts of cotton,
knitted or crocheted (excl. panties and swimwear)
Women''s or girls'' trousers, bib and brace overalls, breeches and shorts of synthetic
fibres, knitted or crocheted (excl. panties and swimwear)
Women''s or girls'' trousers, bib and brace overalls, breeches and shorts of textile
materials, knitted or crocheted (excl. of wool, fine animal hair, cotton or synthetic fibres,
panties and swimwear)
Men''s or boys'' shirts of cotton, knitted or crocheted (excl. nightshirts, T-shirts, singlets
and other vests)
Men''s or boys'' shirts of synthetic fibres, knitted or crocheted (excl. nightshirts, T-shirts,
singlets and other vests)
Women''s or girls'' blouses, shirts and shirt-blouses of cotton, knitted or crocheted (excl.
T-shirts and vests)
Women''s or girls'' blouses, shirts and shirt-blouses of man-made fibres, knitted or
crocheted (excl. T-shirts and vests)
Men''s or boys'' underpants and briefs of cotton, knitted or crocheted
Men''s or boys'' underpants and briefs of man-made fibres, knitted or crocheted
Page 106
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Men''s or boys'' underpants and briefs of other textile materials, knitted or crocheted
61071900 (excl. of cotton or man-made fibres)
Men''s or boys'' nightshirts and pyjamas of cotton, knitted or crocheted (excl. vests and
61072100 singlets)
Men''s or boys'' nightshirts and pyjamas of man-made fibres, knitted or crocheted (excl.
61072200 vests and singlets)
61082100 Women''s or girls'' briefs and panties of cotton, knitted or crocheted
61082200 Women''s or girls'' briefs and panties of man-made fibres, knitted or crocheted
Women''s or girls'' briefs and panties of textile materials, knitted or crocheted (excl.
61082900 cotton or man-made fibres)
Women''s or girls'' nightdresses and pyjamas of cotton, knitted or crocheted (excl. T61083100 shirts, vests and ngligs)
Women''s or girls'' nightdresses and pyjamas of man-made fibres, knitted or crocheted
61083200 (excl. T-shirts, vests and ngligs)
Women''s or girls'' ngligs, bathrobes, dressing gowns, housejackets and similar articles
of cotton, knitted or crocheted (excl. vests, slips, petticoats, briefs and panties,
61089100 nightdresses, pyjamas, brassires, girdles, corsets and similar articles)
61089200
61091000
61099030
61099090
61101110
61101130
61101190
61102010
61102091
61102099
61103010
61103091
61103099
Women''s or girls'' ngligs, bathrobes, dressing gowns, housejackets and similar articles
of man-made fibres, knitted or crocheted (excl. vests, slips, petticoats, briefs and
panties, nightdresses, pyjamas, brassires, girdles, corsets and similar articles)
T-shirts, singlets and other vests of cotton, knitted or crocheted
T-shirts, singlets and other vests of man-made fibres, knitted or crocheted
T-shirts, singlets and other vests of textile materials, knitted or crocheted (excl. of wool,
fine animal hair, cotton or man-made fibres)
Jerseys and pullovers containing >= 50% by weight of wool and weighing >= 600 g/article,
knitted or crocheted
Men''s or boys'' jerseys, pullovers, cardigans, waistcoats and similar articles, of wool,
knitted or crocheted (excl. jerseys and pullovers containing >= 50% by weight of wool
and weighing >= 600 g/article, and wadded waistcoats)
Women''s or girls'' jerseys, pullovers, cardigans, waistcoats and similar articles, of wool,
knitted or crocheted (excl. jerseys and pullovers containing >= 50% by weight of wool
and weighing >= 600 g/article, and wadded waistcoats)
Lightweight fine knit roll, polo or turtleneck jumpers and pullovers of cotton, knitted or
crocheted
Men''s or boys'' jerseys, pullovers, cardigans, waistcoats and similar articles, of cotton,
knitted or crocheted (excl. lightweight fine knit roll, polo or turtleneck jumpers and
pullovers and wadded waistcoats)
Women''s or girls'' jerseys, pullovers, cardigans, waistcoats and similar articles, of cotton,
knitted or crocheted (excl. lightweight fine knit roll, polo or turtleneck jumpers and
pullovers and wadded waistcoats)
Lightweight fine knit roll, polo or turtleneck jumpers and pullovers of man-made fibres,
knitted or crocheted
Men''s or boys'' jerseys, pullovers, cardigans, waistcoats and similar articles, of manmade fibres, knitted or crocheted (excl. lightweight fine knit roll, polo or turtleneck
jumpers and pullovers and wadded waistcoats)
Women''s or girls'' jerseys, pullovers, cardigans, waistcoats and similar articles, of manmade fibres, knitted or crocheted (excl. lightweight fine knit roll, polo or turtleneck
jumpers and pullovers and wadded waistcoats)
Page 107
12
12
12
12
12
5
5
5
12
12
12
12
12
12
12
5
3
3
12
12
12
12
12
12
12
12
12
12
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Pantyhose and tights of synthetic fibres, knitted or crocheted, measuring per single yarn
61152100 < 67 decitex (excl. graduated compression hosiery)
Pantyhose and tights of synthetic fibres, knitted or crocheted, measuring per single yarn
61152200 >= 67 decitex (excl. graduated compression hosiery)
Pantyhose and tights of textile materials, knitted or crocheted (excl. graduated
61152900 compression hosiery, those of synthetic fibres and hosiery for babies)
Full-length or knee-length stockings, socks and other hosiery, incl. footwear without
applied soles, of cotton, knitted or crocheted (excl. graduated compression hosiery,
pantyhose and tights, women''s full-length or knee-length stockings, measuring per
61159500 single yarn < 67 decitex, and hosiery for babies)
Women''s stockings of synthetic fibres, knitted or crocheted (excl. graduated
compression hosiery, pantyhose and tights, women''s full-length stockings measuring
61159691 per single yarn < 67 decitex and knee-length stockings)
61159699
61159900
62011100
62011210
62011290
Full-length stockings, socks and other hosiery, incl. footwear without applied soles, of
synthetic fibres, knitted or crocheted (excl. graduated compression hosiery, women''s
pantyhose and tights, full-length or knee-length stockings, and hosiery for babies)
Full-length or knee-length stockings, socks and other hosiery, incl. footwear without
applied soles, of textile materials, knitted or crocheted (excl. of wool, fine animal hair,
cotton or synthetic fibres, graduated compression hosiery, pantyhose and tights,
women''s full-length or knee-length stockings, measuring per single yarn < 67 decitex,
and hosiery for babies)
Men''s or boys'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of wool
or fine animal hair (excl. knitted or crocheted)
Men''s or boys'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of
cotton, of a weight per garment of <= 1 kg (excl. knitted or crocheted)
Men''s or boys'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of
cotton, of a weight per garment of > 1 kg (excl. knitted or crocheted)
Men''s or boys'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of man62011310 made fibres, of a weight per garment of <= 1 kg (excl. knitted or crocheted)
62011390
62011900
62019100
62019200
62019300
Men''s or boys'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of manmade fibres, of a weight per garment of > 1 kg (excl. knitted or crocheted)
Men''s or boys'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of
textile materials (excl. of wool or fine animal hair, cotton or man-made fibres, knitted or
crocheted)
Men''s or boys'' anoraks, incl. ski jackets, windcheaters, wind-jackets and similar articles,
of wool or fine animal hair (excl. knitted or crocheted, suits, ensembles, jackets, blazers
and trousers)
Men''s or boys'' anoraks, windcheaters, wind jackets and similar articles, of cotton (not
knitted or crocheted and excl. suits, ensembles, jackets, blazers, trousers and tops of ski
suits)
Men''s or boys'' anoraks, windcheaters, wind jackets and similar articles, of man-made
fibres (not knitted or crocheted and excl. suits, ensembles, jackets, blazers, trousers and
tops of ski suits)
Men''s or boys'' anoraks, incl. ski jackets, windcheaters, wind-jackets and similar articles
of textile materials (excl. of wool, fine animal hair, cotton or man-made fibres, knitted or
62019900 crocheted, suits, ensembles, jackets, blazers and trousers)
Page 108
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Women''s or girls'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of
62021100 wool or fine animal hair (excl. knitted or crocheted)
Women''s or girls'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of
62021210 cotton, of a weight per garment of <= 1 kg (excl. knitted or crocheted)
Women''s or girls'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of
62021290 cotton, of a weight per garment of > 1 kg (excl. knitted or crocheted)
Women''s or girls'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of
62021310 man-made fibres, of a weight per garment of <= 1 kg (excl. knitted or crocheted)
62021390
62021900
62029100
62029200
62029300
62029900
62031100
62031200
62031910
62031930
62031990
62032210
62033100
62033210
62033290
62033310
Women''s or girls'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of
man-made fibres, of a weight per garment of > 1 kg (excl. knitted or crocheted)
Women''s or girls'' overcoats, raincoats, car coats, capes, cloaks and similar articles, of
textile materials (excl. of wool or fine animal hair, cotton or man-made fibres, knitted or
crocheted)
Women''s or girls'' anoraks, incl. ski jackets, windcheaters, wind-jackets and similar
articles, of wool or fine animal hair (excl. knitted or crocheted, suits, ensembles, jackets,
blazers and trousers)
Women''s or girls'' anoraks, windcheaters, wind jackets and similar articles, of cotton
(not knitted or crocheted and excl. suits, ensembles, jackets, blazers, trousers and tops
of ski suits)
Women''s or girls'' anoraks, windcheaters, wind jackets and similar articles, of manmade fibres (not knitted or crocheted and excl. suits, ensembles, jackets, blazers,
trousers and tops of ski suits)
Women''s or girls'' anoraks, incl. ski jackets, windcheaters, wind-jackets and similar
articles, of textile materials (excl. of wool, fine animal hair, cotton or man-made fibres,
knitted or crocheted, suits, ensembles, jackets, blazers and trousers)
Men''s or boys'' suits of wool or fine animal hair (excl. knitted or crocheted, tracksuits,
ski suits and swimwear)
Men''s or boys'' suits of synthetic fibres (excl. knitted or crocheted, tracksuits, ski suits
and swimwear)
Men''s or boys'' suits of cotton (excl. knitted or crocheted, tracksuits, ski suits and
swimwear)
Men''s or boys'' suits of artificial fibres (excl. knitted or crocheted, tracksuits, ski suits
and swimwear)
Men''s or boys'' suits of textile materials (excl. of wool or fine animal hair, cotton or
synthetic fibres, knitted or crocheted, tracksuits, ski suits and swimwear)
Men''s or boys'' industrial and occupational ensembles of cotton (excl. knitted or
crocheted)
Men''s or boys'' jackets and blazers of wool or fine animal hair (excl. knitted or
crocheted, and wind-jackets and similar articles)
Men''s or boys'' jackets and blazers of cotton, industrial and occupational (excl. knitted
or crocheted, and wind-jackets and similar articles)
Men''s or boys'' jackets and blazers of cotton (excl. knitted or crocheted, industrial and
occupational, and wind-jackets and similar articles)
Men''s or boys'' jackets and blazers of synthetic fibres, industrial and occupational (excl.
knitted or crocheted, and wind-jackets and similar articles)
Page 109
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Men''s or boys'' jackets and blazers of synthetic fibres (excl. knitted or crocheted,
62033390 industrial and occupational, and wind-jackets and similar articles)
Men''s or boys'' trousers and breeches of wool or fine animal hair (excl. knitted or
62034110 crocheted, bib and brace overalls and underpants)
Men''s or boys'' industrial and occupational trousers and breeches of cotton (excl.
62034211 knitted or crocheted and bib and brace overalls)
Men''s or boys'' trousers and breeches of cotton denim (excl. knitted or crocheted,
62034231 industrial and occupational, bib and brace overalls and underpants)
12
12
12
12
12
12
12
62034290 Men''s or boys'' shorts of cotton (excl. knitted or crocheted, swimwear and underpants)
Men''s or boys'' trousers and breeches of synthetic fibres, industrial and occupational
62034311 (excl. knitted or crocheted and bib and brace overalls)
Men''s or boys'' trousers and breeches of synthetic fibres (excl. knitted or crocheted,
62034319 industrial and occupational, bib and brace overalls and underpants)
Men''s or boys'' bib and brace overalls of synthetic fibres, industrial and occupational
62034331 (excl. knitted or crocheted)
Men''s or boys'' bib and brace overalls of synthetic fibres (excl. knitted or crocheted, and
62034339 industrial and occupational)
Men''s or boys'' shorts of synthetic fibres (excl. knitted or crocheted, underpants and
62034390 swimwear)
Men''s or boys'' trousers and breeches of artificial fibres, industrial and occupational
62034911 (excl. knitted or crocheted and bib and brace overalls)
Men''s or boys'' trousers and breeches of artificial fibres (excl. knitted or crocheted,
62034919 industrial and occupational, bib and brace overalls and underpants)
Men''s or boys'' bib and brace overalls of artificial fibres, industrial and occupational
62034931 (excl. knitted or crocheted)
Men''s or boys'' bib and brace overalls of artificial fibres (excl. knitted or crocheted,
62034939 industrial and occupational)
Men''s or boys'' shorts of artificial fibres (excl. knitted or crocheted, underpants and
62034950 swimwear)
Men''s or boys'' trousers, bib and brace overalls, breeches and shorts of textile materials
(excl. of wool, fine animal hair, cotton or man-made fibres, knitted or crocheted,
62034990 underpants and swimwear)
12
12
12
12
12
12
12
12
12
12
12
12
62041200 Women''s or girls'' suits of cotton (excl. knitted or crocheted, ski overalls and swimwear)
Women''s or girls'' suits of synthetic fibres (excl. knitted or crocheted, ski overalls and
62041300 swimwear)
Women''s or girls'' suits of artificial fibres (excl. knitted or crocheted, ski overalls and
62041910 swimwear)
Women''s or girls'' suits of textile materials (excl. of wool, fine animal hair, cotton or
62041990 man-made fibres, knitted or crocheted, ski overalls and swimwear)
Women''s or girls'' jackets and blazers of wool or fine animal hair (excl. knitted or
62043100 crocheted, wind-jackets and similar articles)
12
12
12
12
12
Men''s or boys'' trousers and breeches of cotton (excl. denim, cut corduroy, knitted or
62034235 crocheted, industrial and occupational, bib and brace overalls and underpants)
Men''s or boys'' bib and brace overalls, of cotton, industrial and occupational (excl.
62034251 knitted or crocheted)
Men''s or boys'' bib and brace overalls, of cotton (excl. knitted or crocheted, industrial
62034259 and occupational)
Page 110
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Women''s or girls'' jackets and blazers of cotton, industrial and occupational (excl.
62043210 knitted or crocheted, wind-jackets and similar articles)
Women''s or girls'' jackets and blazers of cotton (excl. knitted or crocheted, industrial
62043290 and occupational, wind-jackets and similar articles)
Women''s or girls'' jackets and blazers of synthetic fibres, industrial and occupational
62043310 (excl. knitted or crocheted, wind-jackets and similar articles)
Women''s or girls'' jackets and blazers of synthetic fibres (excl. knitted or crocheted,
62043390 industrial and occupational, wind-jackets and similar articles)
Women''s or girls'' jackets and blazers of artificial fibres, industrial and occupational
62043911 (excl. knitted or crocheted, wind-jackets and similar articles)
Women''s or girls'' jackets and blazers of artificial fibres (excl. knitted or crocheted,
62043919 industrial and occupational, wind-jackets and similar articles)
12
12
12
12
12
12
12
12
12
5
5
62044300 Women''s or girls'' dresses of synthetic fibres (excl. knitted or crocheted and petticoats)
12
62044400 Women''s or girls'' dresses of artificial fibres (excl. knitted or crocheted and petticoats)
Women''s or girls'' dresses of textile materials (excl. of wool, fine animal hair, cotton or
62044900 man-made fibres, knitted or crocheted and petticoats)
Women''s or girls'' skirts and divided skirts of wool or fine animal hair (excl. knitted or
62045100 crocheted and petticoats)
Women''s or girls'' skirts and divided skirts of cotton (excl. knitted or crocheted and
62045200 petticoats)
Women''s or girls'' skirts and divided skirts of synthetic fibres (excl. knitted or crocheted
62045300 and petticoats)
Women''s or girls'' skirts and divided skirts of artificial fibres (excl. knitted or crocheted
62045910 and petticoats)
12
12
12
12
12
12
12
12
12
12
12
12
12
Women''s or girls'' jackets and blazers of textile materials (excl. of wool, fine animal hair,
62043990 cotton or man-made fibres, knitted or crocheted, wind-jackets and similar articles)
Women''s or girls'' dresses of wool or fine animal hair (excl. knitted or crocheted and
62044100 petticoats)
62044200 Women''s or girls'' dresses of cotton (excl. knitted or crocheted and petticoats)
Women''s or girls'' skirts and divided skirts of textile materials (excl. of wool, fine animal
62045990 hair, cotton or man-made fibres, knitted or crocheted and petticoats)
Women''s or girls'' trousers and breeches of wool or fine animal hair (excl. knitted or
62046110 crocheted, panties and swimwear)
Women''s or girls'' bib and brace overalls and shorts, of wool or fine animal hair (excl.
62046185 knitted or crocheted, panties and swimwear)
Women''s or girls'' trousers and breeches of cotton, industrial and occupational (excl.
62046211 knitted or crocheted and bib and brace overalls)
Women''s or girls'' cotton denim trousers and breeches (excl. industrial and
62046231 occupational, bib and brace overalls and panties)
Women''s or girls'' trousers and breeches, of cotton (not of cut corduroy, of denim or
knitted or crocheted and excl. industrial and occupational clothing, bib and brace
62046239 overalls, briefs and tracksuit bottoms)
Women''s or girls'' trousers and breeches, of synthetic fibres, industrial and occupational
62046311 (excl. knitted or crocheted and bib and brace overalls)
Page 111
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
62046318
62046911
62046918
62046990
62052000
62053000
62059010
62059080
62061000
62063000
62064000
62113210
62113310
62121090
63022100
63023100
63023290
63025100
63025390
63026000
63029100
63029390
63029990
Women''s or girls'' trousers and breeches, of synthetic fibres (not of cut corduroy, of
denim or knitted or crocheted and excl. industrial and occupational clothing, bib and
brace overalls, briefs and tracksuit bottoms)
Women''s or girls'' trousers and breeches, of artificial fibres, industrial and occupational
(excl. knitted or crocheted, and bib and brace overalls)
Women''s or girls'' trousers and breeches, of artificial fibres (not of cut corduroy, of
denim or knitted or crocheted and excl. industrial and occupational clothing, bib and
brace overalls, briefs and tracksuit bottoms)
Women''s or girls'' trousers, bib and brace overalls, breeches and shorts of textile
materials (excl. of wool, fine animal hair, cotton or man-made fibres, knitted or
crocheted, panties and swimwear)
Men''s or boys'' shirts of cotton (excl. knitted or crocheted, nightshirts, singlets and
other vests)
Men''s or boys'' shirts of man-made fibres (excl. knitted or crocheted, nightshirts,
singlets and other vests)
Men''s or boys'' shirts of flax or ramie (excl. knitted or crocheted, nightshirts, singlets
and other vests)
Men''s or boys'' shirts of textile materials (excl. of cotton or man-made fibres, flax or
ramie, knitted or crocheted, nightshirts, singlets and other vests)
Women''s or girls'' blouses, shirts and shirt-blouses of silk or silk waste (excl. knitted or
crocheted and vests)
Women''s or girls'' blouses, shirts and shirt-blouses of cotton (excl. knitted or crocheted
and vests)
Women''s or girls'' blouses, shirts and shirt-blouses of man-made fibres (excl. knitted or
crocheted and vests)
Men''s or boys'' industrial and occupational clothing of cotton (excl. knitted or
crocheted)
Men''s or boys'' industrial and occupational clothing of man-made fibres (excl. knitted or
crocheted)
Brassieres of all types of textile materials, whether or not elasticated, incl. knitted or
crocheted (excl. in a set made up for retail sale containing a brassire and a brief)
Printed bedlinen of cotton (excl. knitted or crocheted)
Bedlinen of cotton (excl. printed, knitted or crocheted)
Bedlinen of man-made fibres (excl. nonwovens, printed, knitted or crocheted)
Table linen of cotton (excl. knitted or crocheted)
Table linen of man-made fibres (excl. nonwovens, knitted or crocheted)
Toilet linen and kitchen linen, of terry towelling or similar terry fabrics of cotton (excl.
floorcloths, polishing cloths, dishcloths and dusters)
Toilet linen and kitchen linen of cotton (excl. of terry fabrics, floorcloths, polishing cloths,
dishcloths and dusters)
Toilet linen and kitchen linen of man-made fibres (excl. nonwovens, floorcloths,
polishing cloths, dishcloths and dusters)
Toilet linen and kitchen linen of textile materials (excl. of cotton, flax or man-made
fibres, floorcloths, polishing cloths, dishcloths and dusters)
Worn clothing and clothing accessories, blankets and travelling rugs, household linen
and articles for interior furnishing, of all types of textile materials, incl. all types of
footwear and headgear, showing signs of appreciable wear and presented in bulk or in
63090000 bales, sacks or similar packings (excl. carpets, other floor coverings and tapestries)
Page 112
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
5
5
5
5
5
5
12
12
12
12
12.5
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Footwear with outer soles and uppers of rubber or plastics, with upper straps or thongs
64022000 assembled to the sole by means of plugs (excl. toy footwear)
Footwear covering the ankle, incorporating a protective metal toecap, with outer soles
and uppers of rubber or plastics (excl. waterproof footwear of heading 6401, sports
64029110 footwear and orthopaedic footwear)
Footwear covering the ankle, with outer soles and uppers of rubber or plastics (excl.
incorporating a protective metal toecap, waterproof footwear of heading 6401, sports
64029190 footwear, orthopaedic footwear and toy footwear)
Footwear incorporating a protective metal toecap, with outer soles and uppers of
rubber or plastics (excl. covering the ankle, waterproof footwear of heading 6401, sports
64029905 footwear and orthopaedic footwear)
Footwear with uppers of rubber and outer soles of rubber or plastics (excl. covering the
ankle or with upper straps or thongs assembled to the sole by means of plugs,
waterproof footwear of heading 6401, sports footwear, orthopaedic footwear and toy
64029910 footwear)
Footwear with uppers of plastic and outer soles of rubber or plastics, with a vamp made
of straps or which has one or several pieces cut out, with a maximum sole and heel
height of > 3 cm (excl. with upper straps or thongs assembled to the sole by means of
64029931 plugs)
Footwear with uppers of plastic and outer soles of rubber or plastics, with a vamp made
of straps or which has one or several pieces cut out, with a maximum sole and heel
height of <= 3 cm (excl. with upper straps or thongs assembled to the sole by means of
64029939 plugs)
Slippers and other indoor footwear, with outer sole and upper of rubber or plastics (excl.
covering the ankle, footwear with a vamp made of straps or which has one or several
64029950 pieces cut out, and toy footwear)
Footwear with uppers of plastics and outer soles of rubber or plastics, with in-soles of a
length of < 24 cm (excl. covering the ankle, footwear with a vamp made of straps or
which has one or several pieces cut out, footwear incorporating a protective metal
toecap, indoor footwear, sports footwear, waterproof footwear of heading 6401,
64029991 orthopaedic footwear and toy footwear)
15
15
15
15
15
15
15
15
15
15
Footwear with outer soles of rubber or plastics and uppers of plastics, with in-soles of a
length >= 24 cm, for men (excl. footwear covering the ankle, with a vamp made of straps
or which has one or more pieces cut out, or incorporating a protective metal toecap,
indoor or sports footwear, waterproof footwear in heading 6401, orthopaedic footwear
64029996 and footwear which cannot be identified as men''s or women''s)
15
Footwear with outer soles of rubber or of plastics and uppers of plastics, with in-soles of
a length of >= 24 cm, for women (excl. footwear covering the ankle, with a vamp made
of straps or which has one or more pieces cut out, or incorporating a protective metal
toecap, indoor or sports footwear, waterproof footwear in heading 6401, orthopaedic
64029998 footwear and footwear which cannot be identified as men''s or women''s)
15
Page 113
ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
Men''s footwear with outer soles and uppers of leather, with in-soles of >= 24 cm in
length (excl. covering the ankle, incorporating a protective metal toecap, made on a
base or platform of wood, without in-soles, with a vamp or upper made of straps, indoor
64035995 footwear, sports footwear, and orthopaedic footwear)
64035999
64039116
64039118
64039196
64039198
64039936
64039938
64039996
64039998
Women''s footwear with outer soles and uppers of leather, with in-soles of >= 24 cm in
length (excl. covering the ankle, incorporating a protective metal toecap, made on a
base or platform of wood, without in-soles, with a vamp or upper made of straps, indoor
footwear, sports footwear, and orthopaedic footwear)
Men''s footwear with outer soles of rubber, plastics or composition leather, with uppers
of leather, covering the ankle (but not the calf), with in-soles of a length >= 24 cm (excl.
6403.11-00 to 6403.40.00)
Women''s footwear with outer soles of rubber, plastics or composition leather, with
uppers of leather, covering the ankle (but not the calf), with in-soles of a length >= 24 cm
(excl. 6403.11-00 to 6403.40.00)
Men''s footwear with outer soles of rubber, plastics or composition leather, with uppers
of leather, covering the ankle, with in-soles of a length >= 24 cm (excl. 6403.11-00 to
6403.40.00 nor 6403.90-16)
Women''s footwear with outer soles of rubber, plastics or composition leather, with
uppers of leather, covering the ankle, with in-soles of length >= 24 cm (excl. 6403.11-00
to 6403.40.00 nor 6403.91.18)
Men''s footwear with outer soles of rubber, plastics or composition leather, with uppers
of leather (not covering the ankle), with a vamp made of straps or which has one or
several pieces cut out, with sole and heel height <= 3 cm, with in-soles of a length >= 24
cm (excl. 6403.11-00 to 6403.40.00)
Women''s footwear with outer soles of rubber, plastics or composition leather, with
uppers of leather (not covering the ankle), with a vamp made of straps or which has one
or several pieces cut out, with sole and heel height <= 3 cm, with in-soles of a length >=
24 cm (excl. 6403.11-00 to 6403.40.00)
Men''s footwear with outer soles of rubber, plastics or composition leather, with uppers
of leather (not covering the ankle), with in-soles of a length >= 24 cm (excl. 6403.11-00 to
6403.40.00, 6403.99.11, 6403.99.36, 6403.99.50)
Footwear with outer soles of rubber, plastics or composition leather and uppers of
leather, with in-soles of a length of >= 24 cm, for women (excl. footwear covering the
ankle; with a protective metal toecap; with a main sole of wood, without in-sole;
footwear with a vamp made of straps or which has one or more pieces cut out; indoor,
sports or orthopaedic footwear; footwear which cannot be identified as men''s or
women''s)
Sports footwear, incl. tennis shoes, basketball shoes, gym shoes, training shoes and the
64041100 like, with outer soles of rubber or plastics and uppers of textile materials
Slippers and other indoor footwear, with outer soles of rubber or plastics and uppers of
textile materials (excl. tennis shoes, gym shoes, training shoes and the like, and toy
64041910 footwear)
Footwear with outer soles of rubber or plastics and uppers of textile materials (excl.
indoor footwear, sports footwear, incl. tennis shoes, basketball shoes, gym shoes,
64041990 training shoes and the like, and toy footwear)
Slippers and other indoor footwear with uppers of textile materials (excl. with outer
64052091 soles of rubber, plastics, leather or composition leather, and toy footwear)
Page 114
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15
15
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15
15
15
15
15
15
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ANNEX XV-D
SCHEDULE OF CONCESSIONS (REPUBLIC OF MOLDOVA)
64052099
64059010
70109041
70109043
70109051
70109053
94013010
94013090
94014000
94016100
94016900
94017100
94017900
94018000
94032080
94033011
94033019
94033091
94033099
94034010
Footwear with uppers of textile materials (excl. with outer soles of rubber, plastics,
leather or composition leather, wood or cork, indoor footwear, orthopaedic footwear
and toy footwear)
Footwear with outer soles of rubber, plastics, leather or composition leather and uppers
of materials other than leather, composition leather or textile materials (excl.
orthopaedic footwear and toy footwear)
Bottles of colourless glass, of a kind used for the commercial conveyance or packing of
foodstuffs and beverages, of a nominal capacity of >= 1 l but < 2,5 l
Bottles of colourless glass, of a kind used for the commercial conveyance or packing of
foodstuffs and beverages, of a nominal capacity of > 0,33 l but < 1 l
Bottles of coloured glass, of a kind used for the commercial conveyance or packing of
foodstuffs and beverages, of a nominal capacity of >= 1 l but < 2,5 l
Bottles of coloured glass, of a kind used for the commercial conveyance or packing of
foodstuffs and beverages, of a nominal capacity of > 0,33 l but <= 1 l
Swivel seats with variable height adjustments, upholstered, with backrest and fitted with
castors or glides (excl. medical, surgical and dental)
Swivel seats with variable height adjustments (excl. upholstered, with backrest and fitted
with castors or glides, medical, surgical, dental or veterinary, and hairdressers'' chairs)
Seats, convertible into beds (excl. garden seats and camping equipment, and medical,
dental or surgical furniture)
Upholstered seats, with wooden frames (excl. convertible into beds)
Seats, with wooden frames (excl. upholstered)
Upholstered seats, with metal frames (excl. seats for aircraft or motor vehicles, swivel
seats with variable height adjustments and medical, dental or surgical furniture)
Seats, with metal frames (excl. upholstered, swivel seats with variable height
adjustments and medical, dental or surgical furniture)
Seats, n.e.s.
Metal furniture (excl. for offices, medical, surgical, dental or veterinary furniture, beds
and seats)
Desks for offices, with wooden frames
Wooden furniture for offices, of <= 80 cm in height (excl. desks and seats)
Wooden cupboards for offices, of > 80 cm in height
Wooden furniture for offices, of > 80 cm in height (excl. cupboards)
Fitted kitchen units
Wooden furniture of a kind used in kitchens (excl. seats and fitted kitchen units)
Wooden furniture for bedrooms (excl. seats)
Wooden furniture for dining rooms and living rooms (excl. seats)
Wooden furniture for shops (excl. seats)
Wooden furniture (excl. for offices or shops, kitchens, dining rooms, living rooms and
94036090 bedrooms, and seats)
94037000 Furniture of plastics (excl. medical, dental, surgical or veterinary, and seats)
94034090
94035000
94036010
94036030
Furniture of cane, osier or similar materials (excl. of bamboo, rattan, metal, wood and
94038900 plastics, and seats and medical, surgical, dental or veterinary furniture)
94039030 Parts of furniture, of wood, n.e.s. (excl. seats)
Parts of furniture, n.e.s. (excl. of metal or wood, and of seats and medical, surgical,
94039090 dental or veterinary furniture)
Page 115
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10
ANNEXES
to the
Association Agreement
between the European Union and the European Atomic
Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part
Version: 26/11/2013
EN
EN
Union legislation
Deadline
for
approximation
Approximated on
the date of entry
into force of the
Law No. 235 of 1
December 2011
Directive 2001/95/EC of the European Parliament and of the Council of 3 Review and full
December 2001 on General Product Safety
approximation:
2014
Council Directive 85/374/EEC of 25 July 1985 on the approximation of the Approximation:
laws, regulations and administrative provisions of the Member States 2012
concerning liability for defective products
Regulation (EU) No 1025/2012 of the European Parliament and of the Approximation:
Council on European Standardization of 25 October 2012.
2015
Council Directive 80/181/EEC on the approximation of the laws of the Approximation:
Member States relating to units of measurement as amended by Directive 2015
2009/3/EC of the European Parliament and of the Council.
LEGISLATION BASED ON THE PRINCIPLES OF THE NEW APPROACH WHICH
PROVIDE FOR CE MARKING
Directive 2006/95/EC of the European Parliament and of the Council of 12 Review and full
December 2006 on the harmonization of the laws of Member States relating to approximation:
electrical equipment designed for use within certain voltage limits
2015
Directive 2009/105/EC of the European Parliament and of the Council of 16 Approximation:
September 2009 relating to simple pressure vessels
2015
For the purposes of this Annex and of Article 173(2) of this Agreement, references to the Union acquis or
legislation or to specific Union acts shall be understood to cover any past or future revisions of the relevant acts as
well as any implementation measures related to those acts.
EN
116
EN
Regulation (EU) No 305/2011 of the European Parliament and of the Council Full
of 9 March 2011 laying down harmonized conditions for the marketing of approximation:
construction products and repealing Council Directive 89/106/EEC
2015
Directive 2004/108/EC of the European Parliament and of the Council of 15 Review and full
December 2004 on the approximation of the laws of the Member States approximation:
relating to electromagnetic compatibility and repealing Directive 89/336/EEC 2015
Council Directive 89/686/EEC of 21 December 1989 on the approximation of Review and full
the laws of the Member States relating to personal protective equipment
approximation:
2015
Directive 2009/142/EC of the European Parliament and of the Council of 30 Review and full
November 2009 relating to appliances burning gaseous fuels
approximation:
2016
Directive 2000/9/EC of the European Parliament and of the Council of 20 Approximation:
March 2000 relating to cableway installations designed to carry persons
2015
Directive 94/9/EC of the European Parliament and the Council of 23 March Review and full
1994 on the approximation of the laws of the Member States concerning approximation:
equipment and protective systems intended for use in potentially explosive 2015
atmospheres
Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the Review and full
provisions relating to the placing on the market and supervision of explosives approximation:
for civil uses
2015
Commission Decision 2004/388/EC of 15 April 2004 on an Intra-Community
transfer of explosives document
Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to
Council Directive 93/15/EEC, a system for the identification and traceability
of explosives for civil uses.
European Parliament and Council Directive 95/16/EC of 29 June 1995 on the Review and full
approximation of the laws of the Member States relating to lifts
approximation:
2016
Directive 2006/42/EC of the European Parliament and of the Council of 17 Approximation:
May 2006 on machinery, and amending Directive 95/16/EC (recast)
2015
Directive 2004/22/EC of the European Parliament and of the Council of Approximation:
31 March 2004 on measuring instruments
2014
EN
117
EN
EN
118
EN
COSMETIC PRODUCTS
Regulation (EC) No 1223/2009 of the European Parliament and of the Council Approximation:
of 30 November 2009 on cosmetic products
2015
EN
119
EN
EN
120
EN
EN
121
EN
EN
122
EN
EN
123
EN
CHEMICALS
EN
124
EN
EN
125
EN
PHARMACEUTICALS
1. Medicinal products for human use
Council Directive 89/105/EEC of 21 December 1988, relating to the Approximation:
transparency of measures regulating the pricing of medicinal products for 2014
human use and their inclusion within the scope of national health insurance
systems
Directive 2001/83/EC of the European Parliament and of the Council of 6 Transposition:
November 2001 on the Community code relating to medicinal products for 2015
human use
2. Medicinal products for veterinary use
Directive 2001/82/EC of the European Parliament and of the Council of 6 Approximation:
November 2001 on the Community code relating to veterinary medicinal 2013
products
Commission Directive 2006/130/EC of 11 December 2006 implementing Approximation:
Directive 2001/82/EC of the European Parliament and of the Council as 2014
regards the establishment of criteria for exempting certain veterinary
medicinal products for food-producing animals from the requirement of a
veterinary prescription
3. Miscellaneous
Regulation (EU) No. 528/2012 of the European Parliament and of the Approximation:
Council of 22 May 2012 concerning the making available on the market 2014
and use of biocidal products
Directive 2001/18/ of the European Parliament and of the Council of 12 Approximation:
March 2001 on the deliberate release into the environment of genetically 2015
modified organisms and repealing Council Directive 90/220/EEC
Directive 2009/35/EC of the European Parliament and of the Council of 23 Approximation:
April 2009 on the colouring matters which may be added to medicinal 2015
products
Directive 2009/41/EC of the European Parliament and of the Council of 6 Approximation:
May 2009 on the contained use of genetically modified micro-organisms
2015
Commission Regulation (EC) No 540/95 of 10 March 1995, laying down Approximation:
the arrangements for reporting suspected unexpected adverse reactions 2015
which are not serious, whether arising in the Community or in a third
country, to medicinal products for human or veterinary use authorized in
accordance with the provisions of Council Regulation (EEC) No 2309/93
EN
126
EN
EN
127
EN
EN
128
EN
ANNEX XVII-A
SPS MEASURES
Part 1
Measures applicable to main live animal categories
I.
Equidae (including zebras) or asinine species or the offspring of crossing of those species
II.
III.
IV.
Porcine animals
V.
VI.
Live fish
VII.
Crustaceans
VIII.
Molluscs
IX.
X.
Hatching eggs
XI.
Semen-ova-embryos
XII.
Other mammals
XIII.
Other birds
XIV. Reptiles
XV.
Amphibians
EN
I.
1.
Fresh meat of domestic ungulates, poultry and lagomorphs, farm and wild game,
including offal
2.
Minced meat, meat preparations, mechanically separated meat (MSM), meat products
3.
4.
Fishery products
5.
6.
7.
129
EN
8.
9.
10.
Gelatine, raw material for the production of gelatine for human consumption
11.
Collagen
12.
II
In slaughterhouses
for
the
In other facility for the collection or handling of animal Blood and blood products from
by-products (i.e. unprocessed/ untreated materials
equidae to be used outside the feed
chain
Untreated blood products, excluding of
equidae, for derived products for
purposes outside the feed chain for
farmed animals
Treated blood products, excluding of
equidae, for the manufacture of derived
products for purposes outside the feed
chain for farmed animals
Fresh or chilled hides and skins of
ungulates
EN
130
EN
EN
131
EN
protein,
Dicalcium
EN
132
EN
III.
Pathogenic agents
Part 3
Plants, plant products and other objects
Plants, plant products and other objects5 which are potential carriers of pests that, by their nature
or that of their processing, may create a risk for the introduction and spread of pests
Part 4
Measures applicable to food and feed additives
Food:
1.
2.
Processing aids;
3.
Food flavours;
4.
Food enzymes.
6
Feed :
4.
Feed additives;
5.
Feed materials;
6.
7.
Packaging, conveyances, containers, soil and growing mediums and any other organisms, object or material
capable of harbouring or spreading pests.
6
Only animal by-products originated from animals or parts of animals, declared as fit for human consumption may
enter into the feed chain of farmed animals.
EN
133
EN
ANNEX XVII-B
ANIMAL WELFARE STANDARDS
Animal welfare standards concerning:
EN
1.
2.
3.
farming animals.
134
EN
ANNEX XVII-C
OTHER MEASURES COVERED BY CHAPTER 4 OF TITLE V
EN
1.
2.
Composite products;
3.
4.
135
EN
ANNEX XVII-D
MEASURES TO BE INCLUDED AFTER THE APPROXIMATION
OF THE LEGISLATION
EN
1.
2.
Cloning;
3.
Irradiation (ionization).
136
EN
EN
137
EN
ANNEX XVIII-A
ANIMAL AND FISH DISEASES SUBJECT TO NOTIFICATION, FOR WHICH THE
STATUS OF THE PARTIES IS RECOGNISED AND FOR WHICH
REGIONALISATION DECISIONS MAY BE TAKEN
EN
1.
Foot-and-mouth disease
2.
3.
Vesicular stomatitis
4.
5.
6.
Bluetongue
7.
8.
9.
Rinderpest
10.
11.
12.
13.
14.
15.
16.
17.
Glanders
18.
Dourine
19.
Enterovirus encephalomyelitis
20.
21.
22.
23.
Bonamia ostreae
24.
Marteilla refringens
138
EN
ANNEX XVIII-B
RECOGNITION OF THE PEST STATUS, PEST FREE AREAS OR
PROTECTED ZONES
A.
B.
EN
139
EN
1.
Animal diseases
The basis for recognition of the animal disease status of the territory or of a region of a
Party or a region thereof shall be the Terrestrial Animal Health Code of the OIE. The
basis for regionalisation decisions for an animal disease shall be the Terrestrial Animal
Health Code of the OIE.
2.
Aquaculture diseases
The basis for regionalisation decisions for aquaculture diseases shall be the Aquatic
Animal Health Code of the OIE.
B.
Pests
The criteria for the establishment of pest free areas or protected zones for certain pests
shall comply with the provisions of either:
-
EN
C.
Criteria for the recognition of the special status for animal diseases of the territory or a
region of a Party
1.
Where the importing Party considers that its territory or part of its territory is free from
an animal disease other than a disease listed in Annex XVIII-A, it shall present to the
exporting Party appropriate supporting documentation, setting out in particular the
following criteria:
-
the nature of the disease and the history of its occurrence in its territory;
where applicable, the period during which vaccination against the disease has
been prohibited and the geographical area concerned by the prohibition;
2.
The additional guarantees, general or specific, which may be required by the importing
Party must not exceed those, which the importing Party implements nationally.
3.
The Parties shall notify each other of any change in the criteria specified in paragraph 1
of point C of this Annex which relate to the disease. The additional guarantees defined in
accordance with paragraph 2 of point C of this Annex may, in the light of such
notification, be amended or withdrawn by the SPS Sub-Committee.
140
EN
Provisional approval of establishments means that for the purpose of import the
importing Party approves provisionally the establishments in the exporting Party on the
basis of appropriate guarantees provided by that Party without prior inspection by the
importing Party of the individual establishments in accordance with the provisions of
paragraph 4 of the Annex. The procedure and conditions set out in paragraph 4 of this
Annex shall be used for modifying or completing the lists provided for in paragraph 2 of
this Annex to take account of new applications and guarantees received. Only as regards
the initial list of establishments verification may be part of the procedure in accordance
with the provisions of paragraph 4(d).
2.1.
EN
Cutting plants
Establishments for:
-
eggs products
dairy products
fishery products
fish oil
Factory vessels
Freezer vessels
141
EN
EN
142
EN
EN
143
EN
Hydrolysed
phosphate or
protein,
Dicalcium
EN
144
EN
3.
4.
If import of the animal product concerned from the exporting Party has been
authorised by the importing Party and the relevant import conditions and
certification requirements for the products concerned have been established;
(b)
If the competent authority of the exporting Party has provided the importing Party
with satisfactory guarantees that the establishments appearing on its list or lists
meet the relevant health requirements of the importing Party and has officially
approved the establishment appearing on the lists for exportation to the importing
Party;
(c)
In the event of non-compliance with the said guarantees the competent authority
of the exporting Party must have a real power to suspend the activities of
exportation to the importing Party from an establishment for which that authority
provided guarantees;
(d)
(e)
EN
Based on the results of the verification provided for in point (d) of this paragraph,
the importing Party may amend the existing list of establishments.
145
EN
2.
Principles
(a)
(b)
(c)
(d)
Preconditions
(a)
The process depends on the health or pest status, the law and the effectiveness of
the inspection and control system related to the commodity in the exporting Party.
To this end the law in the sector concerned shall be taken into account, as well as
the structure of the competent authority of the exporting Party, the command
chain, the authority, the operational procedures and resources, and the
effectiveness of the competent authorities as regards inspection and control
systems, including the level of enforcement related to the commodity and the
regularity and the rapidity of information flow to the importing Party in case of
identified hazards. This recognition may be supported by documentation,
verification and documents, reports and information related to past experiences,
assessment and verifications;
(b)
(c)
3.
EN
The exporting Party shall only initiate the process when no safeguard measures
imposed by the importing Party apply to the exporting Party as regards the
commodity.
The process
(a)
The exporting Party initiates the process by submitting to the importing Party a
request for recognition of equivalence of an individual measure or groups of
measures or a system for a commodity or a category of commodities in a sector or
sub-sector or all of them;
(b)
When appropriate, this request includes also the request and the required
documentation for approval by the importing Party on the basis of equivalence of
any programme or plan of the exporting Party required by the importing Party and
146
EN
/or the status of approximation as laid down in Annex XXIV to this Agreement
regarding the measures or systems described in point (a) of this paragraph as a
condition for allowing import of that commodity or a category of commodities;
(c)
(ii)
identifies the individual measure(s) with which it can comply from all the
measures expressed in the import conditions of the importing Party
applicable to that commodity or a category of commodities;
(iii) identifies the individual measure(s) for which it seeks equivalence out of the
total of the measures expressed in the import conditions of the importing
Party, applicable to that commodity or a category of commodities;
4.
EN
(d)
In reply to this request the importing Party explains the overall and individual
objective and the rationale behind its measure(s), including the identification of
the risk;
(e)
With this explanation, the importing Party informs the exporting Party on the
relationship of its domestic measures and the import conditions for that
commodity;
(f)
The exporting Party objectively demonstrates to the importing Party that the
measures that it has identified are equivalent to the import conditions for that
commodity or a category of commodities;
(g)
(h)
(i)
The importing Party provides to the exporting Party full explanation and
supporting data for its determination and decision if so required by the exporting
Party;
The exporting Party shall objectively demonstrate equivalence for each of the
identified measures of the importing Party expressed in its import conditions.
When appropriate, equivalence shall objectively be demonstrated for any plan or
program required by the importing Party as a condition to allow import (e.g.
residue plan, etc);
(b)
147
EN
5.
earlier experiences.
6.
EN
For plants and plant products, equivalence concerning phytosanitary measures, shall be
based on the conditions referred into Article 183(6) of this Agreement.
148
EN
B.
Frequency rate
1. Documentary checks
100 %
2. Identity checks
100 %
3. Physical checks
Live animals 100 %
100%
Category I products
Fresh meat including offal, and products of
the bovine, ovine, caprine, porcine and
equine species defined in the Council
Directive No 64/433/EEC on health
conditions for the production and marking of
fresh meat, as amended.
20%
EN
149
EN
Hatching eggs
Category II products
Poultry meat and poultry meat products
Rabbit meat, game meat (wild/farmed) and
products thereof
Milk and milk
consumption
products
for
human
50%
Egg products
Processed animal protein for human
consumption (100 % for the first six bulked
consignments-Council
Directive
No
92/118/EEC of 17 December 1992 laying
down animal health and public health
requirements governing trade in and imports
into the Community of products not subject
to the said requirements laid down in
specific Community rules referred to in
Annex A (I) to the Council Directive No
89/662/EEC and, as regards pathogens, to
Council Directive No 90/425/EEC, as
amended.
Other fish products than those mentioned
under the Commission Decision No
2006/766/EC of 6 November 2006
establishing the lists of third countries and
territories from which imports of bivalve
molluscs, echinoderms, tunicates, marine
gastropods and fishery products are
permitted, as amended.
Bivalve molluscs
Honey
Category III products
Semen
Embryos
Manure
Minimum of 1%
Maximum of 10%
Gelatine
Frog's legs and snails
Bones and bone products
Hides and skins
EN
150
EN
B.2.
Chilli (Capsicum annuum), crushed or 10 % for Sudan dyes from all third countries
ground ex 0904 20 90
Chilli products (curry) 0910 91 05
Curcuma longa (turmeric) 0910 30 00
(Food dried spices)
Red palm oil ex 1511 10 90
B.3.
Import in to the Union and Republic of Moldova of plants, plant products and
other objects
For plants, plant products and other objects listed in Annex V, Part B to Directive No
2000/29/EC:
The importing Party carries out checks in order to verify the phytosanitary status of the
consignment(s).
EN
151
EN
A reduced frequency of plant health import checks could be set up for regulated commodities
with the exception of plants, plant product and other objects defined accordingly to Commission
Regulation (EC) No 1756/2004 of 11 October 2004 specifying the detailed conditions for the
evidence and the criteria for the type and level of the reduction of the plant health checks of
certain plants, plant products or other objects listed in Part B of Annex V to Council Directive
No 2000/29/EC.
EN
152
EN
Principles of certification
The competent authorities of the Parties shall ensure that certifying officers have a
satisfactory knowledge of the veterinary law as regards the animals or animal products to
be certified and, in general, are informed about the rules to be followed for drawing up
and issuing of the certificates and, if necessary, as to the nature and extent of the
enquiries, tests or examinations which should be carried out before certification.
2.
Certifying officers must not certify data of which they have no personal knowledge or
which cannot be ascertained by them.
3.
Certifying officers must not sign blank or incomplete certificates, or certificates relating
to animals or animal products, which they have not inspected or which have passed out of
their control. Where a certificate is signed on the basis of another certificate or
attestation, the certifying officer shall be in possession of the latter document before
signing.
4.
5.
6.
(a)
(b)
The competent authorities of the Parties shall take all necessary steps to ensure the
integrity of certification. In particular they shall ensure that certifying officers designated
by them:
(a)
have a status which ensures their impartiality and have no direct commercial
interest in the animals or products being certified or in the holdings or
establishments in which they originate; and
(b)
are fully aware of the significance of the contents of each certificate which
they sign.
EN
153
EN
7.
Each competent authority shall be in a position to link a certificate with the relevant
certifying officer and ensure that a copy of all certificates issued is available for a period
to be determined by that competent authority.
8.
Each Party shall introduce the checks and the controls necessary to prevent the issuing of
false or misleading certifications and the fraudulent production or use of certificates
purported to be issued for the purpose set out in the veterinary law.
9.
Without prejudice to any judicial proceedings or penalties, the competent authorities shall
carry out investigations or checks and take appropriate measures to penalise any
instances of false or misleading certification, which are brought to their attention. Such
measures may include the temporary suspension of the certifying officers from their
duties until the investigation is over. In particular:
B.
(a)
(b)
The health attestation in the certificate reflects the status of equivalence of the commodity
concerned. The health attestation states compliance with the production standards of the
exporting Party recognised equivalent by the importing Party.
C.
1.
Import into the European Union. Plants, plant products and other objects:
Certificates shall be drawn up in a language understood by the certifying officer and in at
least one of the official languages of the importing Party.
Animals and animal products:
The health certificate must be drawn up in at least one of the official languages of the
Member State of destination and in one of those of the EU Member State in which the
import checks provided for in Article 189 of this Agreement are carried out.
2.
EN
154
EN
EN
155
EN
ANNEX XXIV-A
PRINCIPLES FOR THE EVALUATION OF PROGRESS
IN THE APPROXIMATION PROCESS
Part I - Gradual approximation
1.
General rules
The sanitary, phytosanitary and animal welfare law of the Republic of Moldova shall be
gradually approximated to that of the Union, based on the approximation list of the EU
sanitary phytosanitary and animal welfare law. The list shall be divided into priority areas
that relate to measures, as defined in Annex XVII to this Agreement which will be based
on the technical and financial resources of the Republic of Moldova. For this reason the
Republic of Moldova shall identify its trade priority areas.
The Republic of Moldova shall approximate its domestic rules by either:
(a)
(b)
(b)
(b)
EN
Control systems
-
domestic market;
imports.
156
EN
(c)
Food safety
-
residues controls;
(d)
Animal by-products
(e)
Plant health
(f)
harmful organisms;
Part II - Evaluation
1.
2.
Tables of correspondence
2.1.
2.2.
For this occasion, it may be supported by the EU Member states' experts separately or in the margin of the CIB
programs (twinning projects, TAIEX et cet.).
9
To facilitate the approximation process, consolidated versions of certain pieces of EU legislation are available at
the EUR-lex web page under: http://eur-lex.europa.eu/RECH_menu.do?ihmlang=en
EN
157
EN
TABLE OF CORRESPONDENCE
BETWEEN
Title of the EU act, latest amendments incorporated:
AND
Title of the national text
(Published in
Date of publication:
Date of implementation:
EU Act
National
legislation
Remarks (from
the Republic of
Moldova)
Reviewer's Comments
Legend:
EU Act: its articles, paragraphs, sub-paragraphs etc. shall be mentioned with full title and
reference10 in the left column of the table of correspondence.
National legislation: the provisions of the national legislation corresponding to the EU
provisions of the left column shall be mentioned with their full title and reference. Their content
shall be described in the second column in detail.
Remarks from the Republic of Moldova: in this column the Republic of Moldova shall
indicate the reference or other provisions associated with this article, paragraphs, sub-paragraphs
etc. especially when the text of the provision is not approximated. The relevant reason for
absence of approximation shall be explained.
Reviewer's Comments: in case reviewers consider that approximation is not achieved, they
shall justify this evaluation and describe relevant shortcomings in this column.
10
EN
158
EN
ANNEX XXIV-B
LIST OF THE EU LEGISLATION TO BE APPROXIMATED BY THE REPUBLIC OF
MOLDOVA
The approximation list established in Article 181(4) will be submitted by the Republic of
Moldova within three months after the entry of this Agreement.
EN
159
EN
EN
160
EN
IPR protection
Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013
concerning customs enforcement of intellectual property rights and repealing Council Regulation
(EC) No 1383/2003
Timetable: The approximation with the provisions of the above Regulation shall be carried out
by the Republic of Moldova within one year following the entry into force of this Agreement.
EN
161
EN
ANNEXES
to the
Association Agreement
between the European Union and the European Atomic
Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part
Version: 26/11/2013
EN
EN
EN
298
EN
ANNEX XXIX-A
THRESHOLDS
1.
2.
EN
The value thresholds mentioned in Article 269(3) of this Agreement shall be for both
Parties:
(a)
EUR 130.000 for public supply and service contracts awarded by central
government authorities, except for public service contracts defined in the third
indent of Article 7(b) of Directive No 2004/18/EC ;
(b)
EUR 200.000 in the case of public supply and public service contracts not
covered by point a);
(c)
(d)
(e)
EUR 400.000 in the case of supply and service contracts in the utilities sector.
The value thresholds quoted in paragraph 1 shall be adapted to reflect the thresholds
applicable under the EU Directives at the moment of the entry into force of this
Agreement
299
EN
ANNEX XXIX-B
INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM,
APPROXIMATION AND MARKET ACCESS
Phase
Indicative time
schedule
Implementation
of 9 months after
Article 271 of this the entry into
Agreement
force of this
Implementation of the Agreement
Market access
granted to the
EU by the
Republic of
Moldova
Market access
granted to the
Republic of
Moldova by
the EU
Supplies for
central
government
authorities
Supplies for
central
government
authorities
Approximation
and 3 years after Supplies for
implementation
of the entry into state, regional
basic Elements of force of this
and local
Directive
No Agreement
authorities and
2004/18/EC and of
bodies
Directive
No
governed by
89/665/EEC
public law
Approximation
and 4years after the
implementation
of entry into force
basic
elements
of of
this
Directive
No Agreement
2004/17/EC and of
Directive
No
92
/13/EEC
Supplies for
all contracting
entities in the
utilities sector
Supplies for
all contracting
entities
Annexes
Approximation
and 6 years after
implementation
of the entry into
other
elements
of force of this
Directive
No Agreement
2004/18/EC
Service and
works
contracts and
concessions
for all
contracting
authorities
Service and
works
contracts and
concessions
for all
contracting
authorities
Annexes
Service and
works
Service and
works
Annexes
EN
Approximation
implementation
300
XXIX-E
and
XXIX-F
XXIXG,
XXIXH and
XXIX-I
XXIX-J
EN
other
elements
Directive
2004/17/EC
EN
of force of this
No Agreement
301
contracts for
all contracting
entities in the
utilities sector
contracts for
all contracting
entities in the
utilities sector
and
XXIXK
EN
ANNEX XXIX-C
BASIC ELEMENTS OF DIRECTIVE 2004/18/EC
of 31 March 2004 on the coordination of procedures for the award of public contracts, public
supply contracts and public service contracts
(Phase 2)
TITLE I
Definitions and general principles
Article 1
Definitions (paragraphs 1, 2, 8, 9, 11(a), 11(b) and 11(d), 12, 13, 14, 15)
Article 2
Article 3
TITLE II
Rules on public contracts
CHAPTER I
General provisions
Article 4
Economic operators
Article 6
Confidentiality
CHAPTER II
Scope
Section 1 Thresholds
Article 8
Article 9
Defence procurement
EN
Article 12
Contracts in the water, energy, transport and postal services sectors (only when
basic rules of Directive No 2004/17/EC have been approximated)
Article 13
Article 14
Article 15
Article 16
Specific exclusions
Article 18
302
EN
Reserved contracts
CHAPTER III
Arrangements for public service contracts
Article 20
Article 21
Article 22
Annex II B
CHAPTER IV
Specific rules governing specifications and contract documents
Article 23
Technical specifications
Article 24
Variants
Article 25
Subcontracting
Article 26
Article 27
CHAPTER V
Procedures
Article 28
Article 30
Article 31
CHAPTER VI
Rules on advertising and transparency
Section 1 Publication of notices
Article 35
Notices: paragraph 1 mutatis mutandis; paragraph 2; paragraph 4 first, third and
fourth subparagraph
Article 36
EN
Article 38
Time limits for receipt of requests to participate and for receipt of tenders
Article 39
303
EN
Article 41
Section 4 Communication
Article 42
CHAPTER VII
Conduct of the procedure
Section 1 General provisions
Article 44
Article 46
Article 47
Article 48
Article 49
Article 50
Article 51
Article 55
ANNEXES
Annex I
Annex II
Annex II A
Annex II B
Annex V
List of products referred to in Article 7 with regard to contracts awarded by
contracting authorities in the field of defence
Annex V
Annex VII
EN
304
EN
Annex X
EN
305
EN
ANNEX XXIX-D
BASIC ELEMENTS OF DIRECTIVE 89/665/EEC
of 21 December 1989 on the coordination of the laws, regulations and administrative provisions
relating to the application of review procedures to the award of public supply and public works
contracts (Directive 89/665/EEC)
as amended by Directive No 2007/66/EC of the European Parliament and of the Council of 11
December 2007 amending Council Directives No 89/665/EEC and No 92/13/EEC with regard to
improving the effectiveness of review procedures concerning the award of public contracts
(Directive 2007/66/EC)
(Phase 2)
EN
Article 1
Article 2
Article 2a
Standstill period
Article 2b
Article 2c
Article 2d
Ineffectiveness
Paragraph 1(b)
Paragraph 2 and 3
Article 2e
Article 2f
Time limits
306
EN
ANNEX XXIX-E
BASIC ELEMENTS OF DIRECTIVE 2004/17/EC
of 31 March 2004, coordinating the procurement procedures of entities operating in the water,
energy, transport and postal services sectors
(Phase 3)
TITLE I
General provisions applicable to contracts and design contests
CHAPTER I
Basic terms
Article 1
CHAPTER II
Definition of the activities and entities covered
Section 1 - Entities
Article 2
Contracting entities
Section 2 - Activities
Article 3
Article 4
Water
Article 5
Transport services
Article 6
Postal services
Article 7
Exploration for, or extraction of, oil, gas, coal or other solid fuels, as well as ports
and airports
Article 9
CHAPTER III
General principles
Article 10
TITLE II
Rules applicable to contracts
CHAPTER I
General provisions
Article 11
Economic operators
Article 13
Confidentiality
CHAPTER II
Thresholds and exclusion provisions
EN
307
EN
Section 1 - Thresholds
Article 16
Contract thresholds
Article 17
Article 20
Contracts awarded for purposes other than the pursuit of an activity covered or for
the pursuit of such an activity in a third country: paragraph 1
Article 21
Article 22
Article 23
Subsection 3 - Exclusions applicable to all contracting entities, but to service contracts only
Article 24
Contracts relating to certain services excluded from the scope of this Directive
Article 25
Contracts awarded by certain contracting entities for the purchase of water and for
the supply of energy or of fuels for the production of energy
CHAPTER III
Rules applicable to service contracts
Article 31
Article 32
Article 33
Mixed service contracts including services listed in Annex XVII A and services
listed in Annex XVII B
CHAPTER IV
Specific rules governing specifications and contract documents
EN
Article 34
Technical specifications
Article 35
Article 36
Variants
Article 37
Subcontracting
Article 39
308
EN
CHAPTER V
Procedures
Article 40 (except paragraph 3 (i) and (l)) Use of open, restricted and negotiated procedures
CHAPTER VI
Rules on publication and transparency
Section 1 - Publication of notices
Article 41
Article 42
Article 43
Contract award notices (except for paragraph 1, second and third subparagraphs)
Article 44
Form and manner of publication of notices (except for the first subparagraph of
paragraph 2 and paragraphs 4, 5, 7)
Section 2 - Time limits
Article 45
Time-limits for the receipt of requests to participate and for the receipt of tenders
Article 46
Article 47
Article 49
CHAPTER VII
Conduct of the procedure
Article 51
General provisions
EN
Article 52
Article 54
309
EN
Article 57
Annex XIII
A. Open procedures
B. Restricted procedures
C. Negotiated procedures
Annex XIV
Annex XXI
Annex XXIII International labour law provisions within the meaning of Article 59(4)
Annex XXIV Requirements relating to equipment for the electronic receipt of tenders, requests
to participate, applications for qualification as well as plans and projects
EN
310
EN
ANNEX XXIX-F
BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to
the application of Community rules on the procurement procedures of entities operating in the
water, energy, transport and telecommunications sectors (Directive 92/13/EEC)
as amended by Directive No 2007/66/EC
(Phase 3)
EN
Article 1
Article 2
Article 2a
Standstill period
Article 2b
Article 2c
Article 2d
Ineffectiveness
Paragraph 1 (b)
Paragraphs 2 and 3
Article 2e
Article 2f
Time limits
311
EN
ANNEX XXIX-G
OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2004/18/EC
(Phase 4)
The elements of Directive No 2004/18/EC set out in this Annex are not mandatory but
recommended for approximation. The Republic of Moldova may approximate these elements
within the time-frame set in Annex XXIX-B to this Agreement.
TITLE I
Definitions and general principles
Article 1
TITLE II
Rules on public contracts
CHAPTER II
Scope
Section 2 Specific situations
Article 11
Reserved contracts
CHAPTER V
Procedures
Article 29
Competitive dialogue
Article 32
Framework agreements
Article 33
Article 34
CHAPTER VI
Rules on advertising and transparency
Section 1 Publication of notices
Article 35
CHAPTER VII
Conduct of the procedure
Section 2 Criteria for qualitative selection
EN
312
EN
Article 52
EN
313
EN
ANNEX XXIX-H
OTHER MANDATORY ELEMENTS OF DIRECTIVE 2004/18/EC
(Phase 4)
TITLE I
Definitions and general principles
Article 1
TITLE II
Rules on public contracts
CHAPTER II
Scope
Section 3 - Excluded contracts
Article 17
Service concessions
TITLE III
Rules on public works concessions
CHAPTER I
Rules governing public works concessions
Article 56
Scope
Article 57
Article 58
Article 59
Time limit
Article 60
Subcontracting
Article 61
CHAPTER II
Rules on contracts awarded by concessionaires which are contracting authorities
Article 62
Applicable rules
CHAPTER III
Rules applicable to contracts awarded by concessionaires which are not contracting authorities
Article 63
Article 64
Article 65
Time limit for the receipt of requests to participate and receipt of tenders
TITLE IV
Rules governing design contests
EN
314
EN
Article 66
General provisions
Article 67
Scope
Article 68
Article 69
Notices
Article 70
Article 71
Means of communication
Article 72
Selection of competitors
Article 73
Article 74
Annex VII B Information which must appear in public works concession notices
Annex VII C Information which must appear in works contracts notices of concessionaires who
are not contracting authorities
Annex VII D Information which must appear in design contest notices
EN
315
EN
ANNEX XXIX-I
OTHER ELEMENTS OF DIRECTIVE 89/665/EEC
as amended by Directive No 2007/66/EC
(Phase 4)
EN
Article 2b
Article 2d
Ineffectiveness
Point
(c)
Paragraph 5
of
the
first
316
paragraph
of
Article
2d
EN
ANNEX XXIX-J
OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2004/17/EC
(Phase 5)
The elements of Directive No 2004/18/EC set out in this Annex are not mandatory but
recommended for approximation. The Republic of Moldova may approximate these elements
within the timeframe set in Annex XXIX-B to this Agreement.
TITLE I
General provisions applicable to contracts and design contests
CHAPTER I
Basic terms
Article 1
Definitions (paragraphs 4, 5, 6, 8)
TITLE II
Rules applicable to contracts
CHAPTER I
General provisions
Article 14
Framework agreements
Article 15
Reserved contracts
Article 29
CHAPTER V
Procedures
Article 40 (3) (i) and (l)
CHAPTER VI
Rules on publication and transparency
Section 1 - Publication of notices
Article 42
Article 43
Contract award notices (only for the second and the third subparagraphs of
paragraph 1)
CHAPTER VII
Conduct of the procedure
Section 2 - Award of the contract
Article 56
EN
317
EN
Annex XIII
EN
318
EN
ANNEX XXIX-K
OTHER ELEMENTS OF DIRECTIVE 92/13/EEC
as amended by Directive No 2007/66/EC
(Phase 5)
EN
Article 2b
Article 2d
Ineffectiveness
Point (c) of the first paragraph of Article 2d Paragraph 5
319
EN
ANNEX XXIX-L
PROVISIONS OF DIRECTIVE 2004/18/EC OUTSIDE THE SCOPE OF
APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
TITLE II
Rules on public contracts
CHAPTER I
General provisions
Article 5
CHAPTER VI
Rules on advertising and transparency
Section 1 Publication of notices
Article 36
Article 37
Non-mandatory publication
Section 5 Reports
Article 43
Content of reports
TITLE V
Statistical obligations, executory powers and final provisions
EN
Article 75
Statistical obligations
Article 76
Article 77
Advisory Committee
Article 78
Article 79
Amendments
Article 80
Implementation
Article 81
Monitoring mechanisms
Article 82
Repeals
Article 83
Article 84
Addressees
320
EN
ANNEXES
EN
Annex III
List of bodies and categories of bodies governed by public law referred to in the
second subparagraph of Article 1(9)
Annex IV
Annex VIII
Annex IX
Registers
Annex IX A
Annex IX B
Annex IX C
Annex XI
Annex XII
Correlation table
321
EN
ANNEX XXIX-M
PROVISIONS OF DIRECTIVE 2004/17/EC OUTSIDE THE SCOPE OF
APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
TITLE I
General provisions applicable to contracts and design contests
CHAPTER II
Definition of the activities and entities covered
Section 2 - Activities
Article 8
TITLE II
Rules applicable to contracts
CHAPTER I
General provisions
Article 12
Subsection 2 - Exclusions applicable to all contracting entities and to all types of contract
Article 20
Contracts awarded for purposes other than the pursuit of an activity covered or for
the pursuit of such an activity in a third country: paragraph 2
Article 30
CHAPTER IV
Specific rules governing specifications and contract documents
Article 38
EN
322
EN
CHAPTER VI
Rules on publication and transparency
Section 1 - Publication of notices
Article 44
Form and manner of publication of notices (only for the first subparagraph of
paragraph 2, and for paragraphs 4, 5 and 7)
Section 3 - Communication and information
Article 50
CHAPTER VII
Conduct of the procedure
Section 3 - Tenders comprising products originating in third countries and relations with those
countries
Article 58
Article 59
TITLE IV
Statistical obligations, executory powers and final provisions
Article 67
Statistical obligations
Article 68
Advisory Committee
Article 69
Article 70
Amendments
Article 71
Article 72
Monitoring mechanisms
Article 73
Repeal
Article 74
Article 75
Addressees
ANNEXES
EN
Annex I
Annex II
Annex III
Annex IV
Annex V
Annex VI
323
EN
Annex VII
Contracting entities in the sectors of exploration for and extraction of oil or gas
Annex VIII
Contracting entities in the sectors of exploration for and extraction of coal and
other solid fuels
Annex IX
Annex X
Annex XI
Annex XII
Annex XXII Summary table of the time limits laid down in Article 45
Annex XXV Time limits for transposition and implementation
Annex XXVI Correlation table
EN
324
EN
ANNEX XXIX-N
PROVISIONS OF DIRECTIVE 89/665/EEC AS AMENDED BY DIRECTIVE 2007/66/EC
OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
EN
Article 2b
Article 2d
Ineffectiveness
Point
(a)
Paragraph 4
of
the
first
paragraph
Article 3
Corrective Mechanisms
Article 3a
Article 3b
Committee Procedure
Article 4
Implementation
Article 4a
Review
325
of
Article
2d
EN
ANNEX XXIX-O
PROVISIONS OF DIRECTIVE 92/13/EEC AS AMENDED BY DIRECTIVE 2007/66/EC
OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
EN
Article 2b
Article 2d
Ineffectiveness
Point
(a)
Paragraph 4
of
the
first
paragraph
Article 3a
Article 3b
Committee Procedure
Article 8
Corrective Mechanisms
Article 12
Implementation
Article 12a
Review
326
of
Article
2b
EN
ANNEX XXIX-P
THE REPUBLIC OF MOLDOVA: INDICATIVE LIST OF ISSUES FOR
COOPERATION
1. Training, in the Republic of Moldova and Union countries, of Moldovan officials from
government bodies engaged in public procurement;
2. Training of suppliers interested participating in public procurement;
3. Exchange of information and experience on best practice and regulatory rules in the
sphere of public procurement;
4. Enhancement of the functionality of the public procurement website and establishment of
a system of public procurement monitoring;
5. Consultations and methodological assistance from the EU Party in application of modern
electronic technologies in the sphere of public procurement;
6. Strengthening the bodies charged with guaranteeing a coherent policy in all areas related
to public procurement and the independent and impartial consideration (review) of
contracting authorities' decisions. (Cf. Article 270 of this Agreement)
EN
327
EN
EN
328
EN
ANNEX XXX-A
ELEMENTS FOR REGISTRATION AND CONTROL OF GEOGRAPHICAL
INDICATIONS AS REFERRED TO IN ARTICLE 297(1) AND 297(2)
PART A
Legislation referred to in Article 297(1)
Law on the Protection of Geographical Indications, Designations of Origin and Traditional
Specialties Guaranteed, No. 66-XVI of 27.03.2008 and its implementing rules, for the procedure
of filing, examination and registration of geographical indications, designations of origin and
traditional specialties guaranteed in the Republic of Moldova.
PART B
Legislation referred to in Article 297(2)
1.
2.
Part II, Title II, Chapter I, Section 1a of Council Regulation (EC) No 1234/2007 of the
Council of 22 October 2007 establishing a common organisation of agricultural markets
and on specific provisions for certain agricultural products (Single CMO Regulation), with
its implementing rules
3.
4.
Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the
definition, description and presentation of aromatized wines, aromatized wine- based
drinks and aromatized wine-product cocktails, with its implementing rules
PART C
EN
329
EN
EN
1.
2.
3.
A requirement that a registered name shall correspond to a specific product or products for
which a product specification is laid down, which can only be amended by due
administrative process
4.
5.
An objection procedure that allows the legitimate interests of prior users of names, whether
those names are protected as a form of intellectual property or not, to be taken into account
6.
7.
Provisions concerning the registration, which may include refusal of registration, of terms
homonymous or partly homonymous with registered terms, terms customary in common
language as the common name for goods, terms comprising or including the names of plant
varieties and animal breeds. Such provisions shall take into account the legitimate interests
of all parties concerned
330
EN
ANNEX XXX-B
CRITERIA TO BE INCLUDED IN THE OBJECTION PROCEDURE FOR PRODUCTS
REFERRED TO IN ARTICLES 297(3) AND 297(4)
1.
2.
3.
Invitation to any Member State, in the case of the European Union, or third country or any
natural or legal persons having a legitimate interest, established or resident in a Member
State in the case of the European Union, in the Republic of Moldova or in a third country
to submit objections to such protection by lodging a duly substantiated statement.
4.
5.
Statements of objection shall be admissible only if they are received within the time-limit
set out in point 4 and if they show that the protection of the name proposed would:
6.
EN
conflict with the name of a plant variety, including a wine grape variety or an animal
breed and as a result is likely to mislead the consumer as to the true origin of
the product;
conflict with a homonymous name which would mislead the consumer into believing
that products come from another territory;
in the light of a trade mark's reputation and renown and the length of time it has been
used, be liable to mislead the consumer as to the true identity of the product;
The criteria referred to in point 5 shall be evaluated in relation to the territory of the
European Union, which in the case of intellectual property rights refers only to the territory
or territories where the rights are protected, or the territory of the Republic of Moldova.
331
EN
ANNEX XXX-C
GEOGRAPHICAL INDICATIONS OF PRODUCTS AS REFERRED TO IN ARTICLE
297(3) AND 297(4)
Agricultural products and foodstuffs others than wines, spirits and aromatised wines
of the European Union to be protected in the Republic of Moldova
EN
EU
Member
State
Name to be protected
Type of product
AT
Gailtaler Speck
Meat products
smoked, etc.)
(cooked,
salted,
AT
Tiroler Speck
Meat products
smoked, etc.)
(cooked,
salted,
AT
Gailtaler Almkse
Cheeses
AT
Tiroler
Alpkse
AT
Tiroler Bergkse
Cheeses
AT
Tiroler Graukse
Cheeses
AT
Vorarlberger Alpkse
Cheeses
AT
Vorarlberger Bergkse
Cheeses
AT
Steirisches Kbiskernl
AT
Marchfeldspargel
AT
Steirischer Kren
AT
Wachauer Marille
AT
Waldviertler Graumohn
Almkse;
Tiroler
Latin Equivalent
Cheeses
332
EN
EN
EU
Member
State
Name to be protected
Type of product
BE
Jambon d'Ardenne
Meat products
smoked, etc.)
BE
Fromage de Herve
Cheeses
BE
Beurre d'Ardenne
BE
Brussels grondwitloof
BE
BE
Pt gaumais
BE
Geraardsbergse Mattentaart
BE
Gentse azalea
CY
CZ
CZ
Vestarsk cibule
CZ
Pohoelick kapr
CZ
Tebosk kapr
CZ
esk kmn
CZ
Chamomilla bohemica
CZ
ateck chmel
CZ
Beers
CZ
Beznick lek
Beers
CZ
Budjovick pivo
Beers
333
Latin Equivalent
(cooked,
salted,
Loukoumi Geroskipou
EN
EN
EU
Member
State
Name to be protected
Type of product
CZ
Beers
CZ
esk pivo
Beers
CZ
ern Hora
Beers
CZ
eskobudjovick pivo
Beers
CZ
Chodsk pivo
Beers
CZ
Znojemsk pivo
Beers
CZ
Hoick trubiky
CZ
Karlovarsk suchar
CZ
Lomnick suchary
CZ
Marinskolzesk oplatky
CZ
Pardubick pernk
CZ
trambersk ui
CZ
Jihoesk Niva
Cheeses
CZ
Cheeses
DE
Diepholzer Moorschnucke
DE
Lneburger Heidschnucke
DE
Schwbisch-Hllisches
Qualittsschweinefleisch
DE
Ammerlnder
Dielenrauchschinken;
Ammerlnder Katenschinken
Meat products
smoked, etc.)
(cooked,
salted,
DE
Ammerlnder
Ammerlnder
Knochenschinken
Meat products
smoked, etc.)
(cooked,
salted,
DE
Greuener Salami
Meat products
smoked, etc.)
(cooked,
salted,
Schinken;
334
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
DE
Nrnberger
Bratwrste;
Nrnberger Rostbratwrste
Meat products
smoked, etc.)
(cooked,
salted,
DE
Schwarzwlder Schinken
Meat products
smoked, etc.)
(cooked,
salted,
DE
Thringer Leberwurst
Meat products
smoked, etc.)
(cooked,
salted,
DE
Thringer Rostbratwurst
Meat products
smoked, etc.)
(cooked,
salted,
DE
Thringer Rotwurst
Meat products
smoked, etc.)
(cooked,
salted,
DE
Allguer Bergkse
Cheeses
DE
Allguer Emmentaler
Cheeses
DE
Altenburger Ziegenkse
Cheeses
DE
Odenwlder Frhstckskse
Cheeses
DE
Lausitzer Leinl
DE
Bayerischer
Meerrettich;
Bayerischer Kren
DE
Feldsalate
Reichenau
Insel
DE
Gurken
von
Reichenau
Insel
DE
DE
Spreewlder Gurken
DE
Spreewlder Meerrettich
DE
Tomaten von
Reichenau
DE
Holsteiner Karpfen
von
der
der
der
Insel
Latin Equivalent
335
EN
EN
EU
Member
State
Name to be protected
Type of product
DE
Oberpflzer Karpfen
DE
Schwarzwaldforelle
DE
Bayerisches Bier
Beers
DE
Bremer Bier
Beers
DE
Dortmunder Bier
Beers
DE
Hofer Bier
Beers
DE
Klsch
Beers
DE
Kulmbacher Bier
Beers
DE
Mainfranken Bier
Beers
DE
Mnchener Bier
Beers
DE
Reuther Bier
Beers
DE
Wernesgrner Bier
Beers
DE
Aachener Printen
DE
Lbecker Marzipan
DE
Meiner Fummel
DE
Nrnberger Lebkuchen
DE
Schwbische
Maultaschen;
Schwbische
Suppenmaultaschen
Pasta
DE
DK
Danablu
Cheeses
DK
Esrom
Cheeses
DK
Lammefjordsgulerod
336
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
Latin Equivalent
EL
Cheeses
Anevato
EL
Cheeses
Galotyri
EL
Cheeses
Graviera Agrafon
EL
Cheeses
Graviera Kritis
EL
Cheeses
Graviera Naxou
EL
Cheeses
Kalathaki Limnou
EL
Cheeses
Kasseri
EL
Cheeses
Katiki Domokou
EL
Cheeses
Kefalograviera
EL
Cheeses
Kopanisti
EL
Cheeses
Ladotyri Mytilinis
EL
Cheeses
Manouri
EL
Cheeses
Metsovone
EL
Cheeses
Batzos
EL
Cheeses
Xynomyzithra Kritis
EL
Cheeses
Pichtogalo Chanion
EL
Cheeses
San Michali
EL
Cheeses
Sfela
EL
Cheeses
Feta
EL
Cheeses
Formaella
Parnassou
EL
EL
EL
337
Arachovas
EN
EN
EU
Member
State
Name to be protected
Type of product
Latin Equivalent
EL
EL
Vorios
Mylopotamos
Rethymnis Kritis
EL
""
EL
EL
Zakynthos
EL
Thassos
EL
Kalamata
EL
Kefalonia
EL
EL
Kranidi Argolidas
EL
Krokees Lakonias
EL
Lakonia
EL
; M
Lesvos; Mytilini
EL
Lygourio Asklipiiou
EL
Olympia
338
EN
EN
EU
Member
State
Name to be protected
Type of product
Latin Equivalent
EL
EL
Petrina Lakonias
EL
Preveza
EL
Rodos
EL
Samos
EL
EL
Finiki Lakonias
EL
Chania Kritis
EL
Aktinidio Pierias
EL
Aktinidio Sperchiou
EL
Elia Kalamatas
EL
Throumpa
Ampadias
Rethymnis Kritis
EL
Throumpa Thassou
EL
Throumpa Chiou
EL
339
EN
EN
EU
Member
State
Name to be protected
Type of product
Latin Equivalent
EL
Kerassia
Rodochoriou
EL
Konservolia Amfissis
EL
Konservolia Artas
EL
Konservolia Atalantis
EL
EL
Konservolia Rovion
EL
Konservolia Stylidas
EL
EL
EL
EL
Mila
Delicious
Tripoleos
EL
Milo Kastorias
EL
EL
EL
340
Tragana
Pilafa
EN
EN
EU
Member
State
Name to be protected
Type of product
Latin Equivalent
EL
Rodakina Naoussas
EL
Stafida Zakynthou
EL
Syka
Vavronas
Markopoulou Messongion
EL
Tsakoniki
Leonidiou
EL
( )
EL
Fassolia
megalosperma)
Florinas
EL
Fassolia Gigantes-Elefantes
Kastorias
EL
EL
EL
Fystiki Eginas
EL
Fystiki Megaron
EL
Avgotaracho Messolongiou
EL
Krokos Kozanis
EL
EL
Kritiko paximadi
341
Melitzana
(plake
Prespon
EN
EN
EU
Member
State
Name to be protected
Type of product
Latin Equivalent
EL
Masticha Chiou
EL
Tsikla Chiou
EL
Essential oils
Mastichelaio Chiou
ES
Arza-Ulloa
Cheeses
ES
Carne de vila
ES
Carne de Cantabria
ES
Carne de
Guadarrama
ES
Carne
de
Salamanca
la
Sierra
de
Morucha
de
ES
ES
Cordero
de
Navarra;
Nafarroako Arkumea
ES
Cordero Manchego
ES
Lacn Gallego
ES
ES
ES
Ternasco de Aragn
ES
Ternera Asturiana
ES
Ternera de Extremadura
ES
Ternera
de
Nafarroako Aratxea
ES
Ternera Gallega
ES
Meat products
smoked, etc.)
(cooked,
salted,
ES
Cecina de Len
Meat products
smoked, etc.)
(cooked,
salted,
Navarra;
342
EN
EN
EU
Member
State
Name to be protected
Type of product
ES
Chorizo Riojano
Meat products
smoked, etc.)
(cooked,
salted,
ES
Dehesa de Extremadura
Meat products
smoked, etc.)
(cooked,
salted,
ES
Guijuelo
Meat products
smoked, etc.)
(cooked,
salted,
ES
Jamn de Huelva
Meat products
smoked, etc.)
(cooked,
salted,
ES
Jamn de Teruel
Meat products
smoked, etc.)
(cooked,
salted,
ES
Jamn de Trevlez
Meat products
smoked, etc.)
(cooked,
salted,
ES
Meat products
smoked, etc.)
(cooked,
salted,
ES
Sobrasada de Mallorca
Meat products
smoked, etc.)
(cooked,
salted,
ES
Afuega'l Pitu
Cheeses
ES
Cabrales
Cheeses
ES
Cebreiro
Cheeses
ES
Gamoneu; Gamonedo
Cheeses
ES
Idiazbal
Cheeses
ES
Mahn-Menorca
Cheeses
ES
Picn Bejes-Tresviso
Cheeses
ES
Queso de La Serena
Cheeses
ES
Cheeses
ES
Queso de Murcia
Cheeses
ES
Cheeses
ES
Queso de Valden
Cheeses
343
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
ES
Queso Ibores
Cheeses
ES
Queso Majorero
Cheeses
ES
Queso Manchego
Cheeses
ES
Cheeses
ES
Cheeses
ES
Queso Tetilla
Cheeses
ES
Queso Zamorano
Cheeses
ES
Quesucos de Libana
Cheeses
ES
Roncal
Cheeses
ES
Cheeses
ES
Cheeses
ES
ES
Miel de Granada
ES
Miel de La Alcarria
ES
Aceite de La Alcarria
ES
Aceite de la Rioja
ES
ES
ES
344
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
ES
ES
Aceite Monterrubio
ES
Antequera
ES
Baena
ES
Gata-Hurdes
ES
Les Garrigues
ES
ES
Mantequilla de Soria
ES
Montes de Granada
ES
Montes de Toledo
ES
Poniente de Granada
ES
Priego de Crdoba
ES
Sierra de Cadiz
ES
Sierra de Cazorla
ES
Sierra de Segura
ES
Sierra Mgina
345
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
ES
Siurana
ES
ES
Alcachofa
de
Benicarl;
Carxofa de Benicarl
ES
Alcachofa de Tudela
ES
Alubia de La Baeza-Len
ES
ES
ES
Avellana de Reus
ES
Berenjena de Almagro
ES
Calasparra
ES
Calot de Valls
ES
ES
Cerezas de la Montaa de
Alicante
ES
ES
346
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
ES
ES
Coliflor de Calahorra
ES
Esprrago de Hutor-Tjar
ES
Esprrago de Navarra
ES
Faba Asturiana
ES
Faba de Lourenz
ES
Garbanzo de Fuentesaco
ES
ES
ES
Lenteja de La Armua
ES
ES
ES
ES
Melocotn de Calanda
ES
347
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
ES
ES
ES
Pera de Jumilla
ES
ES
ES
Pimiento Riojano
ES
Pimientos
Lodosa
ES
Uva de mesa
"Vinalop"
ES
Caballa de Andalucia
ES
ES
Melva de Andalucia
ES
Azafrn de la Mancha
ES
Chufa de Valencia
ES
Pimentn de la Vera
ES
Pimentn de Murcia
del
Piquillo
de
embolsada
348
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
ES
Pemento do Couto
ES
Sidra de
d'Asturies
ES
ES
Ensaimada
de
Mallorca;
Ensaimada mallorquina
ES
Jijona
ES
Mantecadas de Astorga
ES
Mazapn de Toledo
ES
Pan de Cea
ES
ES
Tarta de Santiago
ES
ES
Turrn de Alicante
FI
FI
Lapin Puikula
FI
Kainuun rnttnen
FR
Agneau de l'Aveyron
Asturias;
Sidra
Latin Equivalent
349
EN
EN
EU
Member
State
Name to be protected
Type of product
FR
Agneau de Lozre
FR
Agneau de Pauillac
FR
Agneau de Sisteron
FR
Agneau du Bourbonnais
FR
Agneau du Limousin
FR
Agneau du Poitou-Charentes
FR
Agneau du Quercy
FR
Barges-Gavarnie
FR
FR
Boeuf de Bazas
FR
Buf de Chalosse
FR
Buf du Maine
FR
Dinde de Bresse
FR
Pintadeau de la Drome
FR
Porc de la Sarthe
FR
Porc de Normandie
FR
Porc de Vende
FR
Porc du Limousin
FR
Taureau de Camargue
FR
FR
Veau du Limousin
FR
Volailles d'Alsace
FR
Volailles d'Ancenis
FR
Volailles d'Auvergne
FR
Volailles de Bourgogne
FR
Volailles de Bresse
350
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
FR
Volailles de Bretagne
FR
Volailles de Challans
FR
Volailles de Cholet
FR
Volailles de Gascogne
FR
Volailles de Houdan
FR
Volailles de Janz
FR
Volailles de la Champagne
FR
Volailles de la Drme
FR
Volailles de l'Ain
FR
Volailles de Licques
FR
Volailles de l'Orlanais
FR
Volailles de Lou
FR
Volailles de Normandie
FR
Volailles de Vende
FR
FR
Volailles du Barn
FR
Volailles du Berry
FR
Volailles du Charolais
FR
Volailles du Forez
FR
Volailles du Gatinais
FR
Volailles du Gers
FR
Volailles du Languedoc
FR
Volailles du Lauragais
FR
Volailles du Maine
FR
FR
351
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
FR
Volailles du Velay
FR
Meat products
smoked, etc.)
(cooked,
salted,
FR
Meat products
smoked, etc.)
(cooked,
salted,
FR
Jambon de Bayonne
Meat products
smoked, etc.)
(cooked,
salted,
FR
Meat products
smoked, etc.)
(cooked,
salted,
FR
Abondance
Cheeses
FR
Banon
Cheeses
FR
Beaufort
Cheeses
FR
Bleu d'Auvergne
Cheeses
FR
Cheeses
FR
Cheeses
FR
Bleu du Vercors-Sassenage
Cheeses
FR
Brie de Meaux
Cheeses
FR
Brie de Melun
Cheeses
FR
Cheeses
FR
Camembert de Normandie
Cheeses
FR
Cheeses
FR
Chabichou du Poitou
Cheeses
FR
Chaource
Cheeses
FR
Chevrotin
Cheeses
FR
Comt
Cheeses
FR
Crottin
de
Chavignol
Chavignol;
Latin Equivalent
Cheeses
352
EN
EN
EU
Member
State
Name to be protected
Type of product
FR
Emmental de Savoie
Cheeses
FR
Cheeses
FR
poisses
Cheeses
FR
Cheeses
FR
Laguiole
Cheeses
FR
Langres
Cheeses
FR
Livarot
Cheeses
FR
Maroilles; Marolles
Cheeses
FR
Cheeses
FR
Morbier
Cheeses
FR
Munster; Munster-Grom
Cheeses
FR
Neufchtel
Cheeses
FR
Ossau-Iraty
Cheeses
FR
Plardon
Cheeses
FR
Cheeses
FR
Pont-l'vque
Cheeses
FR
Pouligny-Saint-Pierre
Cheeses
FR
Reblochon;
Savoie
FR
Rocamadour
Cheeses
FR
Roquefort
Cheeses
FR
Sainte-Maure de Touraine
Cheeses
FR
Saint-Nectaire
Cheeses
FR
Salers
Cheeses
FR
Selles-sur-Cher
Cheeses
FR
Cheeses
Reblochon
de
Latin Equivalent
Cheeses
353
EN
EN
EU
Member
State
Name to be protected
Type of product
FR
Tomme de Savoie
Cheeses
FR
Cheeses
FR
Valenay
Cheeses
FR
Crme d'Isigny
FR
FR
Miel d'Alsace
FR
FR
Miel de Provence
FR
FR
ufs de Lou
FR
Beurre
Charentes-Poitou;
Beurre des Charentes; Beurre
des Deux-Svres
FR
Beurre d'Isigny
FR
Huile
d'olive
Provence
d'Aix-en-
FR
354
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
FR
Huile d'olive
Provence
Haute-
FR
FR
FR
FR
FR
FR
FR
Ail de la Drme
FR
FR
FR
Chasselas de Moissac
FR
Clmentine de Corse
FR
Coco de Paimpol
FR
Fraise du Prigord
FR
Haricot tarbais
FR
Kiwi de l'Adour
de
Type of product
355
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
FR
FR
FR
Lingot du Nord
FR
Mche nantaise
FR
Melon du Haut-Poitou
FR
Melon du Quercy
FR
Mirabelles de Lorraine
FR
Muscat du Ventoux
FR
Noix de Grenoble
FR
Noix du Prigord
FR
FR
Olive de Nice
FR
FR
FR
356
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
FR
Petit Epeautre
Provence
FR
Poireaux de Crances
FR
FR
Pomme du Limousin
FR
FR
FR
FR
Pruneaux d'Agen;
d'Agen mi-cuits
FR
Riz de Camargue
FR
Anchois de Collioure
FR
Coquille Saint-Jacques
Ctes d'Armor
FR
Cidre de
Breton
de
Haute
Pruneaux
des
Cidre
FR
FR
Cornouaille
FR
Domfront
FR
Bretagne;
Latin Equivalent
357
EN
EN
EU
Member
State
Name to be protected
Type of product
FR
FR
FR
FR
Bergamote(s) de Nancy
FR
Brioche vendenne
FR
Ptes d'Alsace
Pasta
FR
Raviole du Dauphin
Pasta
FR
Foin de Crau
Hay
HU
Budapesti tliszalmi
Meat products
smoked, etc.)
(cooked,
salted,
HU
Szegedi
szalmi;
tliszalmi
Meat products
smoked, etc.)
(cooked,
salted,
HU
Hajdsgi torma
IE
IE
Meat products
smoked, etc.)
IE
Imokilly Regato
Cheeses
IE
IT
Abbacchio Romano
IT
Agnello di Sardegna
Szegedi
358
Latin Equivalent
(cooked,
salted,
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
Mortadella Bologna
IT
Prosciutto di S. Daniele
IT
Vitellone
bianco
dell'Appennino Centrale
IT
Meat products
smoked, etc.)
(cooked,
salted,
IT
Capocollo di Calabria
Meat products
smoked, etc.)
(cooked,
salted,
IT
Ciauscolo
Meat products
smoked, etc.)
(cooked,
salted,
IT
Coppa Piacentina
Meat products
smoked, etc.)
(cooked,
salted,
IT
Cotechino Modena
Meat products
smoked, etc.)
(cooked,
salted,
IT
Culatello di Zibello
Meat products
smoked, etc.)
(cooked,
salted,
IT
Lardo di Colonnata
Meat products
smoked, etc.)
(cooked,
salted,
IT
Pancetta di Calabria
Meat products
smoked, etc.)
(cooked,
salted,
IT
Pancetta Piacentina
Meat products
smoked, etc.)
(cooked,
salted,
IT
Prosciutto di Carpegna
Meat products
smoked, etc.)
(cooked,
salted,
IT
Prosciutto di Modena
Meat products
smoked, etc.)
(cooked,
salted,
IT
Prosciutto di Norcia
Meat products
smoked, etc.)
(cooked,
salted,
IT
Prosciutto di Parma
Meat products
smoked, etc.)
(cooked,
salted,
359
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
Prosciutto Toscano
Meat products
smoked, etc.)
(cooked,
salted,
IT
Prosciutto
Euganeo
Meat products
smoked, etc.)
(cooked,
salted,
IT
Prosciutto di Sauris
Meat products
smoked, etc.)
(cooked,
salted,
IT
Salame Brianza
Meat products
smoked, etc.)
(cooked,
salted,
IT
Salame Cremona
Meat products
smoked, etc.)
(cooked,
salted,
IT
Salame di Varzi
Meat products
smoked, etc.)
(cooked,
salted,
IT
Meat products
smoked, etc.)
(cooked,
salted,
IT
Salame Piacentino
Meat products
smoked, etc.)
(cooked,
salted,
IT
Salame S. Angelo
Meat products
smoked, etc.)
(cooked,
salted,
IT
Meat products
smoked, etc.)
(cooked,
salted,
IT
Salsiccia di Calabria
Meat products
smoked, etc.)
(cooked,
salted,
IT
Soppressata di Calabria
Meat products
smoked, etc.)
(cooked,
salted,
IT
Soprssa Vicentina
Meat products
smoked, etc.)
(cooked,
salted,
IT
Speck
dell'Alto
Adige;
Sdtiroler
Markenspeck;
Sdtiroler Speck
Meat products
smoked, etc.)
(cooked,
salted,
IT
Valle d'Aosta
Bosses
Meat products
smoked, etc.)
(cooked,
salted,
Veneto
Berico-
Jambon
de
360
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
Meat products
smoked, etc.)
(cooked,
salted,
IT
Zampone Modena
Meat products
smoked, etc.)
(cooked,
salted,
IT
Asiago
Cheeses
IT
Bitto
Cheeses
IT
Bra
Cheeses
IT
Caciocavallo Silano
Cheeses
IT
Canestrato Pugliese
Cheeses
IT
Casatella Trevigiana
Cheeses
IT
Casciotta d'Urbino
Cheeses
IT
Castelmagno
Cheeses
IT
Fiore Sardo
Cheeses
IT
Fontina
Cheeses
IT
Cheeses
IT
Gorgonzola
Cheeses
IT
Grana Padano
Cheeses
IT
Montasio
Cheeses
IT
Monte Veronese
Cheeses
IT
Cheeses
IT
Murazzano
Cheeses
IT
Parmigiano Reggiano
Cheeses
IT
Pecorino di Filiano
Cheeses
IT
Pecorino Romano
Cheeses
IT
Pecorino Sardo
Cheeses
361
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
Pecorino Siciliano
Cheeses
IT
Pecorino Toscano
Cheeses
IT
Provolone Valpadana
Cheeses
IT
Cheeses
IT
Quartirolo Lombardo
Cheeses
IT
Ragusano
Cheeses
IT
Raschera
Cheeses
IT
Ricotta Romana
Cheeses
IT
Robiola di Roccaverano
Cheeses
IT
Cheeses
IT
Stelvio; Stilfser
Cheeses
IT
Taleggio
Cheeses
IT
Toma Piemontese
Cheeses
IT
Cheeses
IT
Valtellina Casera
Cheeses
IT
IT
Alto Crotonese
IT
Aprutino Pescarese
IT
Brisighella
IT
Bruzio
IT
Canino
IT
Cartoceto
362
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
Chianti Classico
IT
Cilento
IT
Collina di Brindisi
IT
Colline di Romagna
IT
Colline Salernitane
IT
Colline Teatine
IT
Colline Pontine
IT
Dauno
IT
Garda
IT
IT
Laghi Lombardi
IT
Lametia
IT
Lucca
IT
Molise
IT
Monte Etna
IT
Monti Iblei
IT
Penisola Sorrentina
363
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
IT
Pretuziano
Teramane
IT
Riviera Ligure
IT
Sabina
IT
Sardegna
IT
Tergeste
IT
Terra di Bari
IT
Terra d'Otranto
IT
Terre di Siena
IT
Terre Tarentine
IT
Toscano
IT
Tuscia
IT
Umbria
IT
Val di Mazara
IT
Valdemone
IT
delle
Type of product
Colline
Latin Equivalent
364
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
Valli Trapanesi
IT
IT
IT
IT
IT
Asparago
Cimadolmo
IT
IT
Basilico Genovese
IT
Cappero di Pantelleria
IT
Carciofo di Paestum
IT
IT
Carota
Fucino
IT
Castagna Cuneo
IT
IT
Castagna di Montella
bianco
dell'Altopiano
di
del
Latin Equivalent
365
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
Castagna di Vallerano
IT
Ciliegia di Marostica
IT
Cipolla Rossa
Calabria
IT
Cipollotto Nocerino
IT
Clementine
Taranto
IT
Clementine di Calabria
IT
Crudo di Cuneo
IT
IT
Fagiolo di Sarconi
IT
Fagiolo di Sorana
IT
Farina
di
Garfagnana
IT
IT
IT
Ficodindia dell'Etna
IT
Fungo di Borgotaro
IT
Kiwi Latina
di
del
Tropea
Latin Equivalent
Golfo
Neccio
di
della
366
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
IT
Lenticchia di Castelluccio di
Norcia
IT
IT
Limone di Sorrento
IT
Limone
Gargano
IT
IT
IT
Marrone di Roccadaspide
IT
IT
Marrone
di
Michelangelo
Caprese
IT
IT
IT
Mela di Valtellina
IT
Melannurca Campana
IT
Nocciola Romana
Femminello
del
Latin Equivalent
367
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
Nocciola
del
Nocciola Piemonte
IT
Nocciola di Giffoni
IT
IT
IT
Patata di Bologna
IT
Peperone di Senise
IT
IT
Pera mantovana
IT
Pesca di Verona
IT
IT
IT
IT
Pomodoro di Pachino
IT
Pomodoro
S.
Marzano
dell'Agro Sarnese-Nocerino
IT
Radicchio di Chioggia
Piemonte;
Latin Equivalent
368
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
Radicchio di Verona
IT
IT
Radicchio
Variegato
Castelfranco
di
IT
IT
IT
Scalogno di Romagna
IT
IT
IT
IT
IT
IT
Zafferano di Sardegna
IT
IT
IT
del
369
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
IT
Zafferano dell'Aquila
IT
IT
Coppia Ferrarese
IT
IT
IT
Pane di Altamura
IT
Pane di Matera
IT
Ricciarelli di Siena
IT
Essential oils
LU
LU
Meat products
smoked, etc.)
LU
LU
Beurre
rose
Marque
Nationale du Grand-Duch de
Luxembourg
NL
Cheeses
370
Latin Equivalent
(cooked,
salted,
EN
EN
EU
Member
State
Name to be protected
Type of product
NL
Kanterkaas; Kanternagelkaas;
Kanterkomijnekaas
Cheeses
NL
Noord-Hollandse Edammer
Cheeses
NL
Noord-Hollandse Gouda
Cheeses
NL
Opperdoezer Ronde
NL
Westlandse druif
PL
Bryndza Podhalaska
Cheeses
PL
Oscypek
Cheeses
PL
Cheeses
PL
Mid wrzosowy
Dolnolskich
PL
Andruty kaliskie
PL
Rogal witomarciski
PL
Winia nadwilanka
PT
Borrego da Beira
PT
Borrego de Montemor-o-Novo
PT
PT
Borrego
Alentejano
PT
PT
Borrego Terrincho
PT
Cabrito da Beira
PT
Cabrito da Gralheira
do
Borw
Nordeste
371
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
PT
PT
Cabrito de Barroso
PT
Cabrito Transmontano
PT
Carnalentejana
PT
Carne Arouquesa
PT
Carne Barros
PT
PT
Carne da Charneca
PT
Carne
de
Bsaro
Transmontano; Carne de Porco
Transmontano
PT
PT
PT
PT
Carne Marinhoa
PT
Carne Maronesa
PT
Carne Mertolenga
PT
Carne Mirandesa
PT
Cordeiro Braganano
PT
PT
Vitela de Lafes
PT
Alheira de Barroso-Montalegre
Meat products
smoked, etc.)
372
Latin Equivalent
(cooked,
salted,
EN
EN
EU
Member
State
Name to be protected
Type of product
PT
Alheira de Vinhais
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Cacholeira
Portalegre
de
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Chourio de Abbora
Barroso-Montalegre
de
Meat products
smoked, etc.)
(cooked,
salted,
PT
Chourio
de
Carne
Estremoz e Borba
de
Meat products
smoked, etc.)
(cooked,
salted,
PT
Chourio de Portalegre
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Farinheira
Borba
Meat products
smoked, etc.)
(cooked,
salted,
PT
Farinheira de Portalegre
Meat products
smoked, etc.)
(cooked,
salted,
Branca
de
Estremoz
373
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
PT
Linguia de Portalegre
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Lombo
Portalegre
de
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Morcela
de
Portalegre
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Painho de Portalegre
Meat products
smoked, etc.)
(cooked,
salted,
PT
Paio de Beja
Meat products
smoked, etc.)
(cooked,
salted,
PT
Presunto de Barrancos
Meat products
smoked, etc.)
(cooked,
salted,
PT
Presunto de Barroso
Meat products
smoked, etc.)
(cooked,
salted,
Enguitado
Cozer
de
374
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Meat products
smoked, etc.)
(cooked,
salted,
PT
Salpico
Montalegre
Meat products
smoked, etc.)
(cooked,
salted,
PT
Salpico de Vinhais
Meat products
smoked, etc.)
(cooked,
salted,
PT
Sangueira
Montalegre
Meat products
smoked, etc.)
(cooked,
salted,
PT
Queijo de Azeito
Cheeses
PT
Cheeses
PT
Queijo de Nisa
Cheeses
PT
Queijo do Pico
Cheeses
PT
Cheeses
PT
Queijo Rabaal
Cheeses
PT
Queijo S. Jorge
Cheeses
PT
Queijo Serpa
Cheeses
PT
Cheeses
PT
Queijo Terrincho
Cheeses
de
de
Barroso-
Barroso-
375
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
PT
Cheeses
PT
PT
PT
PT
PT
PT
Mel de Barroso
PT
Mel do Alentejo
PT
PT
376
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
PT
PT
PT
Azeite de Moura
PT
Azeite de Trs-os-Montes
PT
PT
PT
Azeites do Ribatejo
PT
Queijo de vora
PT
Ameixa d'Elvas
PT
Amndoa Douro
PT
PT
Anona da Madeira
PT
Arroz
Carolino
Ribatejanas
Lezrias
PT
PT
Azeitonas de Conserva
Elvas e Campo Maior
de
377
Latin Equivalent
EN
EN
EU
Member
State
Name to be protected
Type of product
PT
PT
Batata de Trs-os-montes
PT
PT
Castanha de Padrela
PT
PT
Castanha Marvo-Portalegre
PT
PT
Cereja de So Julio-Portalegre
PT
Citrinos do Algarve
PT
Ma Bravo de Esmolfe
PT
Ma da Beira Alta
PT
Ma da Cova da Beira
PT
Ma de Alcobaa
PT
Ma de Portalegre
PT
Maracuj
Miguel
dos
Aores/S.
Latin Equivalent
378
EN
EN
EU
Member
State
Name to be protected
Type of product
PT
PT
PT
SE
Svecia
Cheeses
SE
Sknsk spettkaka
SI
Ekstra deviko
Slovenske Istre
SK
Slovensk bryndza
Cheeses
SK
Slovensk parenica
Cheeses
SK
Slovensk otiepok
Cheeses
SK
Skalick trdelnk
UK
UK
Orkney beef
UK
Orkney lamb
UK
Scotch Beef
UK
Scotch Lamb
UK
Shetland Lamb
UK
Welsh Beef
UK
Welsh lamb
UK
Beacon
Fell
Lancashire cheese
UK
Bonchester cheese
Cheeses
UK
Buxton blue
Cheeses
oljno
olje
traditional
Latin Equivalent
Cheeses
379
EN
EN
EU
Member
State
Name to be protected
Type of product
UK
Cheeses
UK
Dovedale cheese
Cheeses
UK
Cheeses
UK
Single Gloucester
Cheeses
UK
Staffordshire Cheese
Cheeses
UK
Cheeses
UK
Teviotdale Cheese
Cheeses
UK
West
Country
Cheddar cheese
farmhouse
Cheeses
UK
Cheeses
UK
Meat products
smoked, etc.)
UK
UK
UK
UK
Arbroath Smokies
UK
380
Latin Equivalent
(cooked,
salted,
EN
EU
Member
State
Name to be protected
Type of product
UK
Whitstable oysters
UK
Gloucestershire cider/perry
UK
Herefordshire cider/perry
UK
Worcestershire cider/perry
UK
Beers
UK
Rutland Bitter
Beers
Latin Equivalent
[]
________________
EN
381
EN
ANNEX XXX-D
GEOGRAPHICAL INDICATIONS OF PRODUCTS AS REFERRED TO IN ARTICLE
297(3) AND 297(4)
PART A
EN
EUMember
State
Name to be protected
BE
BE
Hagelandse wijn
BE
Haspengouwse Wijn
BE
Heuvellandse Wijn
BE
BE
Cremant de Wallonie
BE
BE
BE
Vlaamse landwijn
382
EN
EUMember
State
Name to be protected
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
EN
383
EN
EUMember
State
Name to be protected
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
EN
384
EN
EUMember
State
Name to be protected
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
EN
385
EN
EUMember
State
Name to be protected
BG
BG
BG
BG
BG
BG
BG
BG
BG
BG
EN
386
EN
EN
EUMember
State
Name to be protected
CZ
CZ
CZ
CZ
CZ
CZ
CZ
esk
CZ
Moravsk
DE
DE
DE
DE
387
EN
EUMember
State
Name to be protected
DE
DE
EN
DE
DE
DE
DE
DE
DE
DE
DE
Ahrtaler
DE
Badischer
DE
Bayerischer Bodensee
DE
Mosel
388
EN
EN
EUMember
State
Name to be protected
DE
Ruwer
DE
Saar
DE
Main
DE
Mecklenburger
DE
Mitteldeutscher
DE
Nahegauer
DE
Pflzer
DE
Regensburger
DE
Rheinburgen
DE
Rheingauer
DE
Rheinischer
DE
Saarlndischer
DE
Schsischer
DE
Schwbischer
389
EN
EUMember
State
Name to be protected
DE
Starkenburger
DE
Taubertler
DE
Brandenburger
DE
Neckar
DE
Oberrhein
DE
Rhein
DE
Rhein-Neckar
DE
Schleswig-Holsteinischer
GR
EN
390
EN
EUMember
State
Name to be protected
GR
GR
GR
GR
GR
EN
391
EN
EUMember
State
Name to be protected
GR
EN
392
EN
EUMember
State
Name to be protected
GR
EN
393
EN
EUMember
State
Name to be protected
GR
EN
394
EN
EUMember
State
Name to be protected
GR
EN
395
EN
EUMember
State
Name to be protected
GR
Equivalent term: s
GR
EN
396
EN
EUMember
State
Name to be protected
GR
EN
397
EN
EUMember
State
Name to be protected
GR
whether
or
not
accompanied
by
EN
398
EN
EUMember
State
Name to be protected
GR
whether
or
not
accompanied
by
whether
or
not
accompanied
by
by
accompanied
by
accompanied
by
whether
or
not
accompanied
whether
or
not
whether
or
not
whether
or
not
by
accompanied
by
accompanied
by
accompanied
whether
or
not
whether
or
not
EN
399
EN
EUMember
State
Name to be protected
GR
Ajaccio
FR
Aloxe-Corton
FR
EN
400
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
401
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
402
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
403
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
404
EN
EUMember
State
Name to be protected
FR
FR
Bandol
FR
Barsac
FR
Btard-Montrachet
FR
FR
FR
Beaune
FR
Bellet
EN
FR
FR
Bienvenues-Btard-Montrachet
FR
FR
Blanquette de Limoux
405
EN
EUMember
State
Name to be protected
FR
FR
Blaye
FR
Bonnes-mares
FR
FR
FR
FR
Bordeaux Haut-Benauge
FR
Bourg
EN
FR
FR
FR
FR
FR
FR
406
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
FR
FR
FR
FR
FR
Bourgogne aligot
FR
Bourgogne passe-tout-grains
FR
Bourgueil
FR
Bouzeron
FR
Brouilly
407
EN
EN
EUMember
State
Name to be protected
FR
FR
Buzet
FR
Cabards
FR
FR
FR
Cadillac
FR
Cahors
FR
Cassis
FR
Crons
FR
FR
FR
FR
FR
408
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
Chablis whether or not followed by Cte des Prs Girots whether or not
followed by "premier cru"
FR
FR
FR
FR
409
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
410
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
FR
FR
FR
FR
Chablis
FR
FR
FR
FR
FR
411
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
Chambertin
FR
Chambertin-Clos-de-Bze
FR
Chambolle-Musigny
FR
Champagne
FR
Chapelle-Chambertin
FR
Charlemagne
FR
Charmes-Chambertin
FR
FR
Chteau Grillet
FR
Chteau-Chalon
FR
Chteaumeillant
412
EN
EN
EUMember
State
Name to be protected
FR
Chteauneuf-du-Pape
FR
Chtillon-en-Diois
FR
FR
Chenas
FR
Chevalier-Montrachet
FR
Cheverny
FR
Chinon
FR
Chiroubles
FR
FR
Clairette de Bellegarde
FR
Clairette de Die
FR
FR
Clos de la Roche
413
EN
EN
EUMember
State
Name to be protected
FR
Clos de Tart
FR
Clos de Vougeot
FR
FR
Clos Saint-Denis
FR
Collioure
FR
Condrieu
FR
Corbires
FR
Cornas
FR
Corse whether or not followed by Calvi whether or not preceded by "Vin de"
FR
FR
Corse whether or not followed by Figari whether or not preceded by "Vin de"
FR
FR
FR
414
EN
EN
EUMember
State
Name to be protected
FR
Corton
FR
Corton-Charlemagne
FR
Costires de Nmes
FR
FR
Cte de Beaune-Villages
FR
Cte de Brouilly
FR
Cte de Nuits-villages
FR
Cte roannaise
FR
Cte Rtie
FR
FR
Coteaux d'Aix-en-Provence
FR
FR
Coteaux de Die
FR
415
EN
EN
EUMember
State
Name to be protected
FR
Coteaux de Pierrevert
FR
FR
Coteaux du Giennois
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
416
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
FR
FR
Coteaux du Lyonnais
FR
Coteaux du Quercy
FR
Coteaux du Tricastin
FR
FR
Coteaux varois
FR
EN
FR
FR
FR
FR
417
EN
EN
EUMember
State
Name to be protected
FR
FR
Ctes de Bergerac
FR
Ctes de Blaye
FR
FR
Ctes de Castillon
FR
Ctes de Duras
FR
Ctes de Millau
FR
Ctes de Montravel
FR
Ctes de Provence
FR
Ctes de Saint-Mont
FR
Ctes de Toul
FR
Ctes du Brulhois
FR
Ctes du Forez
FR
FR
Ctes du Lubron
418
EN
EN
EUMember
State
Name to be protected
FR
Ctes du Marmandais
FR
Ctes du Rhne
FR
Ctes du Roussillon
FR
FR
Ctes du Ventoux
FR
Ctes du Vivarais
FR
FR
Crmant d'Alsace
FR
Crmant de Bordeaux
FR
Crmant de Bourgogne
FR
Crmant de Die
FR
Crmant de Limoux
FR
Crmant de Loire
FR
Crmant du Jura
FR
Crpy
419
EN
EUMember
State
Name to be protected
FR
Criots-Btard-Montrachet
FR
Crozes-Hermitage
EN
FR
chezeaux
FR
Entre-Deux-Mers
FR
Entre-Deux-Mers-Haut-Benauge
FR
Faugres
FR
FR
FR
FR
FR
Fitou
FR
Fixin
FR
Fleurie
420
EN
EN
EUMember
State
Name to be protected
FR
Floc de Gascogne
FR
Fronsac
FR
FR
Fronton
FR
FR
FR
Gevrey-Chambertin
FR
Gigondas
FR
Givry
FR
FR
Grand-chezeaux
FR
FR
Graves de Vayres
421
EN
EUMember
State
Name to be protected
FR
Griotte-Chambertin
FR
FR
Haut-Mdoc
FR
Haut-Montravel
FR
Haut-Poitou
FR
Hermitage
EN
FR
Irancy
FR
Iroulguy
FR
FR
Julinas
FR
FR
FR
La Grande Rue
FR
422
EN
EUMember
State
Name to be protected
FR
Lalande de Pomerol
FR
Latricires-Chambertin
FR
FR
Limoux
FR
Lirac
FR
Listrac-Mdoc
FR
Loupiac
FR
Lussac-Saint-milion
FR
EN
FR
Macvin du Jura
FR
Madiran
FR
Malepre
FR
423
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
FR
FR
FR
FR
Marcillac
FR
Margaux
FR
FR
FR
Mazis-Chambertin
FR
Mazoyres-Chambertin
FR
Mdoc
424
EN
EN
EUMember
State
Name to be protected
FR
FR
Mercurey
FR
FR
Minervois
FR
Minervois-La-Livinire
FR
Monbazillac
FR
Montagne Saint-milion
FR
Montagny
FR
FR
FR
Montrachet
FR
Montravel
FR
Morey-Saint-Denis
425
EN
EUMember
State
Name to be protected
FR
Morgon
FR
Moselle
FR
Moulin--Vent
FR
Moulis
EN
FR
FR
FR
FR
FR
Muscat de Beaumes-de-Venise
FR
Muscat de Lunel
FR
Muscat de Mireval
FR
Muscat de Saint-Jean-de-Minvervois
FR
FR
Musigny
426
EN
EUMember
State
Name to be protected
FR
Nac
FR
Nuits
FR
FR
Palette
FR
Patrimonio
FR
Pauillac
FR
Pcharmant
FR
FR
Pessac-Lognan
FR
FR
Pineau
des
Charentes
EN
FR
Pomerol
FR
Pommard
427
EN
EUMember
State
Name to be protected
FR
Pouilly-Fuiss
FR
Pouilly-Loch
FR
Pouilly-sur-Loire
whether
or
not
followed
by
Val
de
Loire
EN
FR
Pouilly-Vinzelles
FR
FR
FR
Puisseguin-Saint-Emilion
FR
FR
FR
FR
FR
Rgni
FR
428
EN
EN
EUMember
State
Name to be protected
FR
Richebourg
FR
FR
Romane (La)
FR
Romane Contie
FR
Romane Saint-Vivant
FR
FR
FR
Rosette
FR
Ros d'Anjou
FR
FR
Ruchottes-Chambertin
FR
Rully
FR
Saint-Sardos
FR
Saint-Amour
429
EN
EN
EUMember
State
Name to be protected
FR
FR
Saint-Bris
FR
Saint-Chinian
FR
Saint-milion
FR
FR
Saint-Estphe
FR
Saint-Georges-Saint-milion
FR
Saint-Joseph
FR
Saint-Julien
FR
Saint Mont
FR
FR
FR
Saint-Pourain
FR
430
EN
EUMember
State
Name to be protected
FR
Saint-Vran
FR
Sainte-Croix du Mont
FR
Sainte-Foy Bordeaux
FR
Sancerre
FR
FR
FR
FR
Saussignac
FR
Sauternes
FR
FR
FR
FR
EN
431
EN
EN
EUMember
State
Name to be protected
FR
FR
Tche (La)
FR
Tavel
FR
FR
FR
FR
FR
FR
Tursan
FR
Vacqueyras
FR
Valenay
FR
FR
Vin d'Estaing
432
EN
EN
EUMember
State
Name to be protected
FR
Vin de Lavilledieu
FR
FR
Vins du Thouarsais
FR
FR
Vir-Cless
FR
Volnay
FR
Volnay Santenots
FR
Vosnes Romane
FR
Vougeot
FR
FR
Agenais
FR
Aigues
433
EN
EN
EUMember
State
Name to be protected
FR
Ain
FR
Allier
FR
Allobrogie
FR
FR
Alpes Maritimes
FR
Alpilles
FR
Ardche
FR
Argens
FR
Arige
FR
Aude
FR
Aveyron
FR
Balmes Dauphinoises
FR
Bnovie
434
EN
EN
EUMember
State
Name to be protected
FR
Brange
FR
Bessan
FR
Bigorre
FR
Bouches du Rhne
FR
Bourbonnais
FR
Calvados
FR
Cassan
FR
Cathare
FR
Caux
FR
Cessenon
FR
FR
FR
435
EN
EN
EUMember
State
Name to be protected
FR
FR
Charente
FR
Charentes Maritimes
FR
Cher
FR
Cit de Carcassonne
FR
Collines de la Moure
FR
Collines Rhodaniennes
FR
Comt de Grignan
FR
Comt Tolosan
FR
Comts Rhodaniens
FR
Corrze
FR
Cte Vermeille
FR
Coteaux Charitois
FR
Coteaux de Bessilles
436
EN
EN
EUMember
State
Name to be protected
FR
Coteaux de Cze
FR
Coteaux de Coiffy
FR
Coteaux de Fontcaude
FR
Coteaux de Glanes
FR
Coteaux de l'Ardche
FR
Coteaux de la Cabrerisse
FR
Coteaux de Laurens
FR
Coteaux de l'Auxois
FR
Coteaux de Miramont
FR
Coteaux de Montlimar
FR
Coteaux de Murviel
FR
Coteaux de Narbonne
FR
Coteaux de Peyriac
FR
Coteaux de Tannay
437
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
Coteaux du Grsivaudan
FR
Coteaux du Libron
FR
FR
FR
Coteaux du Salagou
FR
Coteaux du Verdon
FR
Coteaux d'Enserune
FR
FR
Coteaux Flaviens
FR
Ctes Catalanes
FR
Ctes de Ceressou
FR
Ctes de Gascogne
438
EN
EN
EUMember
State
Name to be protected
FR
Ctes de Lastours
FR
Ctes de Meuse
FR
Ctes de Montestruc
FR
Ctes de Prignan
FR
Ctes de Prouilhe
FR
Ctes de Thau
FR
Ctes de Thongue
FR
Ctes du Brian
FR
Ctes du Condomois
FR
Ctes du Tarn
FR
Ctes du Vidourle
FR
Creuse
FR
Cucugnan
439
EN
EN
EUMember
State
Name to be protected
FR
Deux-Svres
FR
Dordogne
FR
Doubs
FR
Drme
FR
Duch d'Uzs
FR
FR
Gard
FR
Gers
FR
FR
FR
Haute-Garonne
FR
Haute-Marne
FR
Haute-Sane
FR
Haute-Vienne
440
EN
EN
EUMember
State
Name to be protected
FR
FR
FR
FR
Hautes-Alpes
FR
Hautes-Pyrnes
FR
Hauts de Badens
FR
Hrault
FR
le de Beaut
FR
Indre
FR
Indre et Loire
FR
Isre
FR
Landes
FR
Loir et Cher
441
EN
EN
EUMember
State
Name to be protected
FR
Loire-Atlantique
FR
Loiret
FR
Lot
FR
Lot et Garonne
FR
Maine et Loire
FR
Maures
FR
Mditerrane
FR
Meuse
FR
Mont Baudile
FR
Mont-Caume
FR
Monts de la Grage
FR
Nivre
FR
Oc
442
EN
EN
EUMember
State
Name to be protected
FR
FR
Petite Crau
FR
Principaut d'Orange
FR
Puy de Dme
FR
Pyrnes Orientales
FR
Pyrnes-Atlantiques
FR
FR
Saint-Guilhem-le-Dsert
FR
Sainte Baume
FR
FR
Sane et Loire
FR
Sarthe
FR
Seine et Marne
443
EN
EN
EUMember
State
Name to be protected
FR
Tarn
FR
Tarn et Garonne
FR
FR
FR
FR
FR
Thzac-Perricard
FR
Torgan
FR
Urf
FR
Val de Cesse
FR
Val de Dagne
FR
Val de Loire
FR
Val de Montferrand
FR
Valle du Paradis
444
EN
EUMember
State
Name to be protected
FR
Var
FR
Vaucluse
FR
Vaunage
FR
Vende
FR
Vicomt d'Aumelas
FR
Vienne
FR
Vistrenque
FR
Yonne
IT
EN
IT
IT
Albana di Romagna
IT
Albugnano
IT
Alcamo
445
EN
EUMember
State
Name to be protected
IT
Aleatico di Gradoli
IT
Aleatico di Puglia
IT
Alezio
IT
Alghero
IT
Alta Langa
IT
IT
IT
IT
Alto Adige
Equivalent term: dell'Alto Adige / Sdtirol / Sdtiroler
IT
EN
446
EN
EUMember
State
Name to be protected
IT
IT
IT
Aprilia
IT
Arborea
IT
Arcole
IT
Assisi
IT
IT
Atina
IT
Aversa
IT
Bagnoli di Sopra
EN
IT
Barbaresco
IT
Barbera d'Alba
IT
447
EN
EUMember
State
Name to be protected
IT
IT
IT
IT
IT
Bardolino
IT
Bardolino Superiore
IT
Barolo
IT
IT
Bianco Capena
IT
Bianco dell'Empolese
IT
IT
Bianco di Custoza
EN
448
EN
EUMember
State
Name to be protected
IT
Bianco di Pitigliano
IT
IT
Biferno
IT
Bivongi
IT
Boca
IT
IT
Bosco Eliceo
IT
Botticino
IT
Brachetto
d'Acqui
EN
IT
Bramaterra
IT
Breganze
IT
Brindisi
IT
Brunello di Montalcino
IT
449
EN
EUMember
State
Name to be protected
IT
Cagnina di Romagna
IT
Campi Flegrei
IT
Campidano di Terralba
EN
IT
Canavese
IT
IT
IT
IT
IT
Capalbio
IT
Capri
IT
IT
Carema
IT
IT
Carmignano
450
EN
EUMember
State
Name to be protected
IT
Carso
IT
IT
IT
Casteller
IT
Castelli Romani
IT
Cellatica
IT
Cerasuolo di Vittoria
IT
Cerveteri
IT
Cesanese di Affile
EN
IT
IT
IT
451
EN
EUMember
State
Name to be protected
IT
IT
IT
IT
IT
Chianti Classico
IT
Cilento
IT
Cinque
Terre
whether
or
not
followed
by
Costa
da
Posa
Campu
Sera
Cinque
Terre
whether
or
not
followed
by
Costa
de
Cinque
Terre
whether
or
not
followed
EN
by
Costa
de
IT
Circeo
IT
Cir
IT
Cisterna d'Asti
IT
Colli Albani
IT
Colli Altotiberini
452
EN
EUMember
State
Name to be protected
IT
Colli Amerini
IT
Colli
IT
Colli Berici
IT
IT
IT
IT
IT
IT
IT
IT
IT
IT
Colli d'Imola
IT
EN
Prosecco
453
EN
EN
EUMember
State
Name to be protected
IT
IT
IT
IT
IT
Colli di Faenza
IT
Colli di Luni
IT
Colli di Parma
IT
Colli di Rimini
IT
IT
IT
Colli Euganei
IT
Colli Lanuvini
IT
Colli Maceratesi
IT
Colli Martani
454
EN
EN
EUMember
State
Name to be protected
IT
IT
IT
IT
IT
Colli Perugini
IT
IT
IT
IT
IT
IT
IT
IT
IT
Colli Tortonesi
455
EN
EUMember
State
Name to be protected
IT
Collina Torinese
IT
Colline di Levanto
IT
IT
Colline Lucchesi
IT
Colline Novaresi
IT
Colline Saluzzesi
IT
Collio Goriziano
EN
IT
Cnero
IT
Contea di Sclafani
IT
Contessa Entellina
IT
Controguerra
IT
Copertino
456
EN
EN
EUMember
State
Name to be protected
IT
Cori
IT
IT
IT
Cortona
IT
IT
IT
IT
IT
Curtefranca
IT
Delia Nivolelli
IT
Dolcetto d'Acqui
IT
Dolcetto d'Alba
IT
Dolcetto d'Asti
457
EN
EUMember
State
Name to be protected
IT
IT
Dolcetto di Dogliani
IT
Dolcetto di Ovada
IT
Donnici
IT
Elba
IT
IT
Erbaluce di Caluso
EN
IT
Erice
IT
Esino
IT
Est!Est!!Est!!! di Montefiascone
IT
Etna
458
EN
EUMember
State
Name to be protected
IT
IT
Fara
IT
Faro
IT
Fiano di Avellino
IT
Franciacorta
IT
Frascati
IT
Freisa d'Asti
IT
Freisa di Chieri
IT
Friuli Annia
IT
Friuli Aquileia
IT
Friuli Grave
IT
Friuli Isonzo
EN
Friuli Latisana
459
EN
EUMember
State
Name to be protected
IT
Gabiano
IT
Galatina
IT
Galluccio
IT
Gambellara
IT
Garda
IT
IT
Gattinara
IT
Gavi
EN
IT
Genazzano
IT
Ghemme
IT
IT
Gir di Cagliari
IT
IT
Gravina
IT
Greco di Bianco
460
EN
EUMember
State
Name to be protected
IT
Greco di Tufo
IT
Grignolino d'Asti
IT
IT
Guardia Sanframondi
IT
IT
Ischia
IT
Lacrima di Morro
Lago di Caldaro
Equivalent term: Caldaro / Kalterer / Kalterersee
EN
IT
Lago di Corbara
IT
Lambrusco di Sorbara
IT
IT
IT
461
EN
EUMember
State
Name to be protected
IT
IT
Lamezia
IT
Langhe
IT
Lessona
IT
Leverano
IT
Lison-Pramaggiore
IT
Lizzano
IT
Loazzolo
IT
Locorotondo
IT
Lugana
IT
IT
Malvasia di Bosa
IT
Malvasia di Cagliari
IT
EN
462
EN
EUMember
State
Name to be protected
IT
IT
Mamertino di Milazzo
Mandrolisai
IT
Marino
IT
Marsala
IT
Martina
Matino
IT
Melissa
IT
IT
IT
Merlara
IT
Molise
EN
IT
IT
Monica di Cagliari
463
EN
EUMember
State
Name to be protected
IT
Monica di Sardegna
IT
Monreale
IT
Montecarlo
IT
Montecompatri-Colonna
Montecucco
IT
Montefalco
IT
Montefalco Sagrantino
IT
IT
IT
IT
IT
IT
Montescudaio
IT
Monti Lessini
EN
464
EN
EUMember
State
Name to be protected
IT
Morellino di Scansano
IT
Moscadello di Montalcino
IT
Moscato di Cagliari
IT
Moscato di Pantelleria
IT
IT
IT
Moscato di Siracusa
IT
Moscato di Sorso-Sennori
EN
IT
Moscato di Trani
IT
Nard
IT
Nasco di Cagliari
IT
Nebbiolo d'Alba
IT
Nettuno
465
EN
EUMember
State
Name to be protected
IT
Noto
IT
Nuragus di Cagliari
IT
Offida
IT
Oltrep Pavese
IT
Orcia
IT
Orta Nova
IT
Orvieto
IT
Ostuni
IT
IT
Parrina
IT
IT
IT
IT
Pentro di Isernia
EN
466
EN
EUMember
State
Name to be protected
IT
Pergola
IT
Piemonte
IT
Pietraviva
IT
Pinerolese
IT
Pollino
IT
Pomino
IT
Pornassio
EN
IT
Primitivo di Manduria
IT
Prosecco
IT
Ramandolo
IT
Recioto di Gambellara
IT
Recioto di Soave
IT
Reggiano
IT
Reno
467
EN
EUMember
State
Name to be protected
IT
Riesi
IT
IT
IT
IT
IT
Roero
IT
IT
Rossese di Dolceacqua
EN
IT
Rosso Barletta
IT
IT
Rosso Conero
IT
Rosso di Cerignola
IT
Rosso di Montalcino
468
EN
EUMember
State
Name to be protected
IT
Rosso di Montepulciano
IT
Rosso Orvietano
Rosso Piceno
IT
Rubino di Cantavenna
IT
IT
Salaparuta
IT
Salice Salentino
IT
Sambuca di Sicilia
IT
EN
IT
San Gimignano
IT
San Ginesio
IT
IT
San Severo
IT
469
EN
EUMember
State
Name to be protected
IT
Sangiovese di Romagna
IT
Sannio
IT
IT
Sant'Antimo
IT
IT
IT
Savuto
IT
Scanzo
Scavigna
IT
Sciacca
IT
Serrapetrona
IT
Sforzato di Valtellina
EN
Sizzano
470
EN
EUMember
State
Name to be protected
IT
IT
Soave Superiore
IT
Solopaca
IT
Sovana
IT
Squinzano
IT
Strevi
IT
Tarquinia
IT
Taurasi
IT
Teroldego Rotaliano
IT
Terracina
EN
IT
IT
IT
Terre di Casole
471
EN
EUMember
State
Name to be protected
IT
Terre Tollesi
Torgiano
IT
IT
Trebbiano d'Abruzzo
IT
Trebbiano di Romagna
IT
IT
IT
IT
Trento
IT
Val d'Arbia
IT
IT
IT
Valcalepio
IT
EN
472
EN
EUMember
State
Name to be protected
IT
Valdadige Terradeiforti
Equivalent term: Terradeiforti Valdadige
IT
Valdichiana
IT
IT
IT
IT
IT
IT
EN
IT
IT
Valsusa
IT
IT
IT
473
EN
EUMember
State
Name to be protected
IT
IT
IT
Velletri
IT
Verbicaro
IT
IT
Verdicchio di Matelica
IT
Verduno Pelaverga
EN
IT
Vermentino di Gallura
IT
Vermentino di Sardegna
IT
Vernaccia di Oristano
IT
IT
Vernaccia di Serrapetrona
IT
Vesuvio
IT
Vicenza
474
EN
EUMember
State
Name to be protected
IT
Vignanello
IT
IT
IT
IT
EN
IT
IT
Vittoria
IT
Zagarolo
IT
Allerona
IT
IT
Alto Livenza
IT
Alto Mincio
IT
Alto Tirino
IT
Arghill
475
EN
EUMember
State
Name to be protected
IT
Barbagia
IT
Basilicata
IT
Benaco bresciano
IT
Beneventano
IT
Bergamasca
IT
Bettona
IT
EN
IT
IT
Calabria
IT
Camarro
IT
Campania
IT
Cannara
IT
Civitella d'Agliano
IT
Colli Aprutini
476
EN
EN
EUMember
State
Name to be protected
IT
Colli Cimini
IT
IT
IT
IT
Colli di Salerno
IT
Colli Trevigiani
IT
IT
Colline di Genovesato
IT
Colline Frentane
IT
Colline Pescaresi
IT
Colline Savonesi
IT
Colline Teatine
IT
Condoleo
IT
Conselvano
477
EN
EUMember
State
Name to be protected
IT
Costa Viola
IT
Daunia
IT
Del
Vastese
Delle Venezie
IT
Dugenta
IT
Emilia
Epomeo
IT
Esaro
IT
Fontanarossa di Cerda
IT
Forl
IT
IT
Frusinate
Golfo
dei
Poeti
EN
Grottino di Roccanova
La
Spezia
478
EN
EUMember
State
Name to be protected
IT
IT
Lazio
IT
Lipuda
IT
Locride
IT
Marca Trevigiana
IT
Marche
IT
Maremma Toscana
IT
Marmilla
IT
Mitterberg
tra
Cauria
Modena
Equivalent term: Provincia di Modena / di Modena
EN
Tel
IT
Montecastelli
IT
Montenetto di Brescia
IT
Murgia
IT
Narni
479
EN
EUMember
State
Name to be protected
IT
Nurra
IT
Ogliastra
IT
Osco
Paestum
IT
Palizzi
IT
Parteolla
IT
Pellaro
IT
Planargia
IT
Pompeiano
IT
Provincia di Mantova
IT
Provincia di Nuoro
IT
Provincia di Pavia
IT
Provincia
di
EN
Puglia
Verona
480
EN
EN
EUMember
State
Name to be protected
IT
Quistello
IT
Ravenna
IT
Roccamonfina
IT
Romangia
IT
Ronchi di Brescia
IT
Ronchi Varesini
IT
Rotae
IT
Rubicone
IT
Sabbioneta
IT
Salemi
IT
Salento
IT
Salina
IT
Scilla
IT
Sebino
481
EN
EUMember
State
Name to be protected
IT
Sibiola
IT
Sicilia
IT
Spello
IT
Tarantino
IT
IT
Terre
Aquilane
IT
Terre di Chieti
IT
Terre di Veleja
IT
Terre Lariane
IT
Tharros
IT
Toscano
EN
IT
Trexenta
IT
Umbria
482
EN
EN
EUMember
State
Name to be protected
IT
Val di Magra
IT
Val di Neto
IT
Val Tidone
IT
Valcamonica
IT
Valdamato
IT
Vallagarina
IT
Valle Belice
IT
Valle d'Itria
IT
IT
IT
Valle Peligna
IT
IT
Veneto
IT
Veneto Orientale
483
EN
EUMember
State
Name to be protected
IT
Venezia Giulia
IT
Vigneti
Dolomiti
whether
or
not
followed
by
whether
or
not
followed
by
CY
EN
Crmant du Luxembourg
484
EN
EN
EUMember
State
Name to be protected
LU
LU
LU
LU
HU
szr-Neszmlyi borvidk whether or not followed by the name of the subregion, the municipality or the site
HU
HU
Balaton
HU
HU
HU
HU
Balatoni
HU
Bkk whether or not followed by the name of the sub-region, the municipality
or the site
485
EN
EN
EUMember
State
Name to be protected
HU
HU
Debri Hrslevel
HU
Duna
HU
Egri Bikavr
HU
HU
Egr whether or not followed by the name of the sub-region, the municipality
or the site
HU
HU
HU
HU
HU
HU
HU
486
EN
EN
EUMember
State
Name to be protected
HU
HU
Pcs whether or not followed by the name of the sub-region, the municipality
or the site
HU
Somli
HU
Somli Arany
HU
HU
HU
HU
HU
HU
HU
HU
Zala whether or not followed by the name of the sub-region, the municipality
or the site
HU
Egerszlti Olaszrizling
487
EN
EN
EUMember
State
Name to be protected
HU
Kli
HU
HU
Pannon
HU
Tihany
HU
HU
HU
Dl-alfldi
HU
Dl-dunntli
HU
Duna mellki
HU
Duna-Tisza kzi
HU
Dunntli
HU
szak-dunntli
HU
Fels-magyarorszgi
488
EN
EN
EUMember
State
Name to be protected
HU
Nyugat-dunntli
HU
Tisza mellki
HU
Tisza vlgyi
HU
Zemplni
MT
Gozo
MT
Malta
MT
Maltese Islands
NL
Drenthe
NL
Flevoland
NL
Friesland
NL
Gelderland
NL
Groningen
NL
Limburg
489
EN
EN
EUMember
State
Name to be protected
NL
Noord Brabant
NL
Noord Holland
NL
Overijssel
NL
Utrecht
NL
Zeeland
NL
Zuid Holland
AT
AT
AT
AT
AT
AT
AT
AT
490
EN
EN
EUMember
State
Name to be protected
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
491
EN
EN
EUMember
State
Name to be protected
AT
AT
AT
AT
AT
Bergland
AT
Steierland
AT
Weinland
AT
Wien
PT
Alenquer
PT
PT
PT
PT
PT
492
EN
EN
EUMember
State
Name to be protected
PT
PT
PT
PT
Arruda
PT
Bairrada
PT
PT
PT
PT
Biscoitos
PT
Bucelas
PT
Carcavelos
PT
Colares
PT
493
EN
EUMember
State
Name to be protected
PT
PT
PT
PT
PT
PT
PT
Do Nobre
PT
Douro
whether
or
not
followed
by
Baixo
Corgo
followed
by
Cima
Corgo
Superior
Douro
whether
or
not
Douro
whether
or
not
followed
by
EN
Douro
PT
PT
PT
Graciosa
494
EN
EUMember
State
Name to be protected
PT
Lafes
PT
Lagoa
PT
Lagos
PT
Madeirense
PT
Madeira
Moscatel de Setbal
PT
Moscatel do Douro
PT
bidos
PT
Porto
Equivalent term: Oporto / Vinho do Porto / Vin de Porto / Port / Port Wine /
Portwein / Portvin / Portwijn
EN
PT
Palmela
PT
Pico
PT
Portimo
495
EN
EN
EUMember
State
Name to be protected
PT
PT
PT
PT
PT
PT
PT
Setbal
PT
Setbal Roxo
PT
Tavira
PT
Tvora-Varosa
PT
Torres Vedras
PT
PT
PT
496
EN
EUMember
State
Name to be protected
PT
Vinho
do
Douro
whether
or
not
followed
by
Baixo
Corgo
whether
or
not
followed
by
Cima
Corgo
Superior
Vinho
do
Douro
Vinho
do
Douro
whether
or
not
followed
by
EN
Douro
PT
PT
PT
PT
PT
PT
PT
PT
PT
PT
497
EN
EN
EUMember
State
Name to be protected
PT
PT
PT
PT
Pennsula de Setbal
PT
Tejo
PT
PT
PT
PT
PT
PT
PT
PT
498
EN
EN
EUMember
State
Name to be protected
PT
PT
PT
PT
PT
PT
PT
RO
RO
RO
RO
RO
RO
499
EN
EN
EUMember
State
Name to be protected
RO
RO
RO
RO
RO
Cotnari
RO
RO
RO
RO
RO
RO
RO
RO
500
EN
EN
EUMember
State
Name to be protected
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
501
EN
EN
EUMember
State
Name to be protected
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
502
EN
EN
EUMember
State
Name to be protected
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
RO
503
EN
EN
EUMember
State
Name to be protected
RO
RO
Dealurile Moldovei
RO
Dealurile Munteniei
RO
Dealurile Olteniei
RO
Dealurile Stmarului
RO
Dealurile Transilvaniei
RO
Dealurile Vrancei
RO
Dealurile Zarandului
RO
Terasele Dunrii
RO
Viile Caraului
RO
Viile Timiului
SI
SI
504
EN
EUMember
State
Name to be protected
SI
SI
SI
SI
SI
SI
SI
SI
SI
EN
505
EN
EN
EUMember
State
Name to be protected
SI
Podravje may be followed by the expression "mlado vino" the names can also
be used in adjective form
SI
Posavje may be followed by the expression "mlado vino" the names can also
be used in adjective form
SI
Primorska may be followed by the expression "mlado vino" the names can
also be used in adjective form
SK
by
SK
by
SK
by
SK
by
SK
SK
SK
SK
SK
SK
SK
506
EN
EN
EUMember
State
Name to be protected
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
507
EN
EN
EUMember
State
Name to be protected
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
508
EN
EN
EUMember
State
Name to be protected
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
509
EN
EUMember
State
Name to be protected
SK
SK
SK
SK
SK
SK
SK
ES
Abona
ES
Alella
ES
ES
Almansa
ES
Ampurdn-Costa Brava
ES
Arabako
Txakolina
EN
Arlanza
510
EN
EUMember
State
Name to be protected
ES
Arribes
ES
Bierzo
ES
Binissalem
ES
Bizkaiko
Txakolina
Bullas
ES
Calatayud
ES
Campo de Borja
ES
Campo de la Guardia
ES
Cangas
ES
Cariena
ES
Catalua
ES
Cava
ES
Chacol
de
Bizkaia
de
Getaria
Chacol
Equivalent term: Getariako Txakolina
EN
511
EN
EUMember
State
Name to be protected
ES
Cigales
ES
Conca de Barber
ES
Condado de Huelva
ES
ES
ES
ES
ES
ES
Dominio de Valdepusa
ES
El Hierro
ES
Empord
ES
Finca lez
ES
Getariako
Txakolina
EN
Gran Canaria
512
EN
EN
EUMember
State
Name to be protected
ES
Granada
ES
Guijoso
ES
Jerez/Xrs/Sherry
ES
Jumilla
ES
La Gomera
ES
La Mancha
ES
ES
ES
ES
Lanzarote
ES
Lebrija
ES
Mlaga
ES
Manchuela
513
EN
EUMember
State
Name to be protected
ES
ES
Mntrida
ES
Mondjar
ES
ES
ES
Montilla-Moriles
ES
Montsant
ES
ES
ES
ES
ES
ES
Pago Florentino
ES
Pago
de
Arnzano
EN
514
EN
EN
EUMember
State
Name to be protected
ES
Pago de Otazu
ES
Peneds
ES
Pla de Bages
ES
Pla i Llevant
ES
Prado de Irache
ES
Priorat
ES
ES
ES
ES
ES
ES
ES
ES
515
EN
EN
EUMember
State
Name to be protected
ES
ES
ES
Ribeiro
ES
ES
ES
ES
ES
ES
ES
ES
ES
ES
ES
516
EN
EUMember
State
Name to be protected
ES
Rueda
ES
ES
Somontano
ES
ES
Tarragona
ES
Terra Alta
ES
Tierra de Len
ES
ES
Toro
ES
Txakol
de
EN
lava
ES
Ucls
ES
Utiel-Requena
ES
Valdeorras
ES
Valdepeas
517
EN
EN
EUMember
State
Name to be protected
ES
ES
ES
ES
ES
Valle de Gmar
ES
Valle de la Orotava
ES
Valles de Benavente
ES
ES
ES
ES
ES
Ycoden-Daute-Isora
ES
Yecla
ES
3 Riberas
518
EN
EN
EUMember
State
Name to be protected
ES
Abanilla
ES
ES
Bajo Aragn
ES
ES
ES
Valdejaln
ES
ES
Bailn
ES
Barbanza e Iria
ES
Betanzos
ES
Cdiz
ES
Campo de Cartagena
ES
Cangas
519
EN
EN
EUMember
State
Name to be protected
ES
Castell
ES
Castilla
ES
Castilla y Len
ES
Contraviesa-Alpujarra
ES
Crdoba
ES
Costa de Cantabria
ES
Cumbres de Guadalfeo
ES
Desierto de Almera
ES
El Terrerazo
ES
Extremadura
ES
Formentera
ES
Glvez
ES
Granada Sur-Oeste
ES
Ibiza
520
EN
EN
EUMember
State
Name to be protected
ES
Illes Balears
ES
Isla de Menorca
ES
Laujar-Alpujarra
ES
ES
Libana
ES
Los Palacios
ES
Mallorca
ES
Murcia
ES
Norte de Almera
ES
Norte de Granada
ES
Pozohondo
ES
ES
ES
521
EN
EN
EUMember
State
Name to be protected
ES
ES
ES
ES
Torreperogil
ES
ES
Valles de Sadacia
ES
Villaviciosa de Crdoba
UK
English Vineyards
UK
Welsh Vineyards
UK
UK
UK
UK
UK
522
EN
EN
EUMember
State
Name to be protected
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
523
EN
EN
EUMember
State
Name to be protected
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
524
EN
EUMember
State
Name to be protected
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
UK
Ciumai/
Romneti
EN
525
EN
PART B
EN
EUMember State
Name to be protected
Product Type
FR
Rhum de la Martinique
Rum
FR
Rhum de la Guadeloupe
Rum
FR
Rhum de la Runion
Rum
FR
Rhum de la Guyane
Rum
FR
Rum
FR
Rum
FR
Rum
ES
Ron de Mlaga
Rum
ES
Ron de Granada
Rum
PT
Rum da Madeira
Rum
UK (Scotland)
Scotch Whisky
Whiskey/Whisky
IE
Whiskey/Whisky
ES
Whisky espaol
Whiskey/Whisky
526
EN
EN
EUMember State
Name to be protected
Product Type
FR
Whiskey/Whisky
FR
Whiskey/Whisky
LU
Grain Spirit
DE,
AT,
BE
(German-speaking
Community)
Korn / Kornbrand
Grain Spirit
DE
Grain Spirit
DE
Grain Spirit
DE
Grain Spirit
DE
Grain Spirit
DE
Grain Spirit
DE
Grain Spirit
LT
Saman
Grain Spirit
FR
Eau-de-vie de Cognac
Wine Spirit
FR
Wine Spirit
FR
Eau-de-vie de Jura
Wine Spirit
527
EN
EUMember State
Name to be protected
Product Type
FR
Cognac
Wine Spirit
EN
FR
Fine Bordeaux
Wine Spirit
FR
Fine de Bourgogne
Wine Spirit
FR
Armagnac
Wine Spirit
FR
Bas-Armagnac
Wine Spirit
FR
Haut-Armagnac
Wine Spirit
FR
Armagnac-Tnarze
Wine Spirit
FR
Blanche Armagnac
Wine Spirit
FR
Wine Spirit
FR
Wine Spirit
FR
Wine Spirit
FR
Wine Spirit
FR
Wine Spirit
FR
Wine Spirit
FR
Wine Spirit
FR
Wine Spirit
528
EN
EN
EUMember State
Name to be protected
Product Type
FR
Wine Spirit
FR
Wine Spirit
FR
Wine Spirit
FR
Wine Spirit
PT
Wine Spirit
PT
Wine Spirit
PT
Wine Spirit
PT
Wine Spirit
PT
Wine Spirit
PT
Wine Spirit
BG
/
/ Sungurlarska
grozdova rakya / Grozdova rakya from
Sungurlare
Wine Spirit
BG
(
/ )
/Slivenska perla (Slivenska grozdova rakya /
Grozdova rakya from Sliven)
Wine Spirit
BG
/
Straldjanska Muscatova rakya / Muscatova
rakya from Straldja
Wine Spirit
BG
/
/ Pomoriyska grozdova
rakya / Grozdova rakya from Pomorie
Wine Spirit
529
EN
EN
EUMember State
Name to be protected
Product Type
BG
/
/ Russenska biserna
grozdova rakya / Biserna grozdova rakya
from Russe
Wine Spirit
BG
/
/ Bourgaska Muscatova
rakya / Muscatova rakya from Bourgas
Wine Spirit
BG
/
/
Dobrudjanska muscatova rakya / muscatova
rakya from Dobrudja
Wine Spirit
BG
/
/ Suhindolska grozdova
rakya / Grozdova rakya from Suhindol
Wine Spirit
BG
/
/ Karlovska grozdova rakya /
Grozdova Rakya from Karlovo
Wine Spirit
RO
Vinars Trnave
Wine Spirit
RO
Vinars Vaslui
Wine Spirit
RO
Vinars Murfatlar
Wine Spirit
RO
Vinars Vrancea
Wine Spirit
RO
Vinars Segarcea
Wine Spirit
ES
Brandy de Jerez
Brandy/Weinbrand
ES
Brandy/Weinbrand
IT
Brandy italiano
Brandy/Weinbrand
GR
Brandy/Weinbrand
GR
Brandy/Weinbrand
530
EN
EN
EUMember State
Name to be protected
Product Type
GR
Brandy / Brandy of
central Greece
Brandy/Weinbrand
DE
Deutscher Weinbrand
Brandy/Weinbrand
AT
Wachauer Weinbrand
Brandy/Weinbrand
AT
Weinbrand Drnstein
Brandy/Weinbrand
DE
Pflzer Weinbrand
Brandy/Weinbrand
SK
Brandy/Weinbrand
FR
Brandy/Weinbrand
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
531
EN
EN
EUMember State
Name to be protected
Product Type
FR
FR
FR
Marc de Lorraine
FR
Marc d'Auvergne
FR
Marc du Jura
PT
PT
PT
PT
ES
Orujo de Galicia
IT
Grappa
IT
Grappa di Barolo
IT
IT
IT
IT
IT
IT
IT
IT
Grappa di Marsala
GR
/ Tsikoudia
GR
/ Tsikoudia of Crete
GR
/ Tsipouro
532
EN
EN
EUMember State
Name to be protected
GR
Macedonia
GR
/ Tsipouro of Thessaly
GR
/ Tsipouro of Tyrnavos
LU
CY
/ / / Zivania
HU
Trklyplinka
DE
Schwarzwlder Kirschwasser
Fruit Spirit
DE
Schwarzwlder Mirabellenwasser
Fruit Spirit
DE
Schwarzwlder Williamsbirne
Fruit Spirit
DE
Schwarzwlder Zwetschgenwasser
Fruit Spirit
DE
Frnkisches Zwetschgenwasser
Fruit Spirit
DE
Frnkisches Kirschwasser
Fruit Spirit
DE
Frnkischer Obstler
Fruit Spirit
FR
Mirabelle de Lorraine
Fruit Spirit
FR
Kirsch d'Alsace
Fruit Spirit
FR
Quetsch d'Alsace
Fruit Spirit
FR
Framboise d'Alsace
Fruit Spirit
FR
Mirabelle d'Alsace
Fruit Spirit
FR
Kirsch de Fougerolles
Fruit Spirit
FR
Williams d'Orlans
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
Product Type
533
Tsipouro
of
EN
EN
EUMember State
Name to be protected
IT
Sdtiroler Zwetschgeler
dell'Alto Adige
IT
Fruit Spirit
IT
Sdtiroler Gravensteiner
dell'Alto Adige
Fruit Spirit
IT
IT
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
PT
Medronho do Algarve
Fruit Spirit
PT
Medronho do Buaco
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
IT
Fruit Spirit
PT
Fruit Spirit
LU
Fruit Spirit
Product Type
534
Zwetschgeler
Gravensteiner
/
Golden
Fruit Spirit
Fruit Spirit
EN
EN
EUMember State
Name to be protected
Product Type
LU
Fruit Spirit
LU
Fruit Spirit
LU
Fruit Spirit
LU
Fruit Spirit
LU
Fruit Spirit
AT
Wachauer Marillenbrand
Fruit Spirit
HU
Szatmri Szilvaplinka
Fruit Spirit
HU
Kecskemti Barackplinka
Fruit Spirit
HU
Bksi Szilvaplinka
Fruit Spirit
HU
Szabolcsi Almaplinka
Fruit Spirit
HU
Gnci Barackplinka
Fruit Spirit
Plinka
Fruit Spirit
SK
Bocka slivovica
Fruit Spirit
535
EN
EN
EUMember State
Name to be protected
Product Type
SI
Brinjevec
Fruit Spirit
SI
Dolenjski sadjevec
Fruit Spirit
BG
/
/ Troyanska slivova rakya / Slivova
rakya from Troyan
Fruit Spirit
BG
/
/ Silistrenska kaysieva
rakya / Kaysieva rakya from Silistra
Fruit Spirit
BG
/
/ Tervelska kaysieva rakya /
Kaysieva rakya from Tervel
Fruit Spirit
BG
/
/ Loveshka slivova rakya / Slivova
rakya from Lovech
Fruit Spirit
RO
Plinc
Fruit Spirit
RO
Fruit Spirit
RO
Fruit Spirit
RO
uic de Buzu
Fruit Spirit
RO
uic de Arge
Fruit Spirit
RO
uic de Zalu
Fruit Spirit
RO
Fruit Spirit
RO
Horinc de Maramure
Fruit Spirit
RO
Horinc de Cmrzana
Fruit Spirit
RO
Horinc de Seini
Fruit Spirit
536
EN
EN
EUMember State
Name to be protected
Product Type
RO
Horinc de Chioar
Fruit Spirit
RO
Horinc de Lpu
Fruit Spirit
RO
Tur de Oa
Fruit Spirit
RO
Tur de Maramure
Fruit Spirit
FR
Calvados
Cider Spirits
Spirits
&
Perry
FR
Cider Spirits
Spirits
&
Perry
FR
Calvados Domfrontais
Cider Spirits
Spirits
&
Perry
FR
Cider Spirits
Spirits
&
Perry
FR
Cider Spirits
Spirits
&
Perry
FR
Cider Spirits
Spirits
&
Perry
FR
Cider Spirits
Spirits
&
Perry
FR
Cider Spirits
Spirits
&
Perry
ES
FR
SE
Vodka
537
EN
EN
EUMember State
Name to be protected
Product Type
FI
Vodka
PL
Vodka
SK
Laugarcio vodka
Vodka
LT
Originali
lietuvika
Lithuanian vodka
Original
Vodka
PL
Vodka
LV
Latvijas Dzidrais
Vodka
LV
Rgas Degvns
Vodka
EE
Estonian vodka
Vodka
DE
Schwarzwlder Himbeergeist
Geist
DE
Bayerischer Gebirgsenzian
Gentian
IT
Gentian
IT
Gentian
BE,
NL,
FR
(Dpartements Nord
(59) and Pas-deCalais (62)), DE
(German
Bundeslnder
Nordrhein-Westfalen
and Niedersachsen)
Juniper-Flavoured
Drinks
538
degtin/
Spirit
EN
EUMember State
Name to be protected
BE,
NL,
FR
(Dpartements Nord
(59) and Pas-deCalais (62))
Genivre
de
Graangenever
BE, NL
Juniper-Flavoured
Drinks
Spirit
Juniper-Flavoured
Drinks
Spirit
BE, NL
Juniper-Flavoured
Drinks
Spirit
BE
(Hasselt,
Zonhoven,
Diepenbeek)
Juniper-Flavoured
Drinks
Spirit
BE (Balegem)
Balegemse jenever
Juniper-Flavoured
Drinks
Spirit
O de Flander-Oost-Vlaamse Graanjenever
Juniper-Flavoured
Drinks
Spirit
Juniper-Flavoured
Drinks
Spirit
FR
(Dpartements
Nord (59) and Pasde-Calais (62))
Juniper-Flavoured
Drinks
Spirit
DE
Ostfriesischer Korngenever
Juniper-Flavoured
Drinks
Spirit
DE
Steinhger
Juniper-Flavoured
Drinks
Spirit
UK
Plymouth Gin
Juniper-Flavoured
Drinks
Spirit
ES
Gin de Mahn
Juniper-Flavoured
Drinks
Spirit
BE
Vlaanderen)
BE
wallonne)
EN
Product Type
(Oost(Rgion
grains,
539
Graanjenever,
EN
EN
EUMember State
Name to be protected
Product Type
LT
Juniper-Flavoured
Drinks
Spirit
SK
Spisk borovika
Juniper-Flavoured
Drinks
Spirit
SK
Juniper-Flavoured
Drinks
Spirit
SK
Slovensk borovika
Juniper-Flavoured
Drinks
Spirit
SK
Inoveck borovika
Juniper-Flavoured
Drinks
Spirit
SK
Liptovsk borovika
Juniper-Flavoured
Drinks
Spirit
DK
Akvavit/ Aquavit
SE
Akvavit/ Aquavit
ES
Anis espaol
Aniseed-Flavoured Spirit
Drinks
ES
Aniseed-Flavoured Spirit
Drinks
ES
Hierbas de Mallorca
Aniseed-Flavoured Spirit
Drinks
ES
Hierbas Ibicencas
Aniseed-Flavoured Spirit
Drinks
PT
vora anisada
Aniseed-Flavoured Spirit
Drinks
ES
Cazalla
Aniseed-Flavoured Spirit
Drinks
540
EN
EN
EUMember State
Name to be protected
Product Type
ES
Chinchn
Aniseed-Flavoured Spirit
Drinks
ES
Ojn
Aniseed-Flavoured Spirit
Drinks
ES
Rute
Aniseed-Flavoured Spirit
Drinks
SI
Janeevec
Aniseed-Flavoured Spirit
Drinks
CY, GR
Ouzo / O
Distilled Anis
GR
/ Ouzo of Mitilene
Distilled Anis
GR
/ Ouzo of Plomari
Distilled Anis
GR
/ Ouzo of Kalamata
Distilled Anis
GR
/ Ouzo of Thrace
Distilled Anis
GR
/ Ouzo of Macedonia
Distilled Anis
SK
Bitter
tasting
Drinks/ Bitter
Spirit
DE
Rheinberger Kruter
Bitter
tasting
Drinks/ Bitter
Spirit
LT
Trejos devynerios
Bitter
tasting
Drinks/ Bitter
Spirit
SI
Slovenska travarica
Bitter
tasting
Drinks/ Bitter
Spirit
DE
Berliner Kmmel
Liqueur
DE
Hamburger Kmmel
Liqueur
DE
Mnchener Kmmel
Liqueur
DE
Chiemseer Klosterlikr
Liqueur
DE
Bayerischer Kruterlikr
Liqueur
541
EN
EN
EUMember State
Name to be protected
Product Type
IE
Irish Cream
Liqueur
ES
Palo de Mallorca
Liqueur
PT
Ginjinha portuguesa
Liqueur
PT
Licor de Singeverga
Liqueur
IT
Mirto di Sardegna
Liqueur
IT
Liqueur
IT
Liqueur
IT
Liqueur
IT
Liqueur
DE
Benediktbeurer Klosterlikr
Liqueur
DE
Ettaler Klosterlikr
Liqueur
FR
Ratafia de Champagne
Liqueur
ES
Ratafia catalana
Liqueur
PT
Anis portugus
Liqueur
FI
Liqueur
AT
Grossglockner Alpenbitter
Liqueur
AT
Mariazeller Magenlikr
Liqueur
AT
Mariazeller Jagasaftl
Liqueur
AT
Puchheimer Bitter
Liqueur
AT
Steinfelder Magenbitter
Liqueur
AT
Wachauer Marillenlikr
Liqueur
AT
Liqueur
DE
Httentee
Liqueur
LV
Allau imelis
Liqueur
LT
epkeli
Liqueur
542
EN
EN
EUMember State
Name to be protected
Product Type
SK
Liqueur
PL
Polish Cherry
Liqueur
CZ
Karlovarsk Hok
Liqueur
SI
Pelinkovec
Liqueur
DE
Blutwurz
Liqueur
ES
Cantueso Alicantino
Liqueur
ES
Liqueur
ES
Liqueur
FR, IT
Liqueur
GR
/ Masticha of Chios
Liqueur
GR
/ Kitro of Naxos
Liqueur
GR
/ Koum Kouat of
Corfu
Liqueur
GR
/ Tentoura
Liqueur
PT
Poncha da Madeira
Liqueur
FR
Cassis de Bourgogne
Crme de Cassis
FR
Cassis de Dijon
Crme de Cassis
FR
Cassis de Saintonge
Crme de Cassis
FR
Cassis du Dauphin
Crme de Cassis
LU
Cassis de Beaufort
Crme de Cassis
IT
Nocino di Modena
Nocino
SI
Orehovec
Nocino
FR
Pommeau de Bretagne
FR
Pommeau du Maine
FR
Pommeau de Normandie
SE
543
EN
EUMember State
Name to be protected
Product Type
ES
Pacharn navarro
ES
Pacharn
AT
Inlnderrum
DE
Brwurz
ES
ES
ES
DE
Knigsberger Brenfang
DE
Ostpreuischer Brenfang
ES
Ronmiel
ES
Ronmiel de Canarias
BE,
NL,
FR
(Dpartements Nord
(59) and Pas-deCalais (62)), DE
(German
Bundeslnder
Nordrhein-Westfalen
and Niedersachsen)
SI
Domai rum
IE
LT
Trauktin
LT
Trauktin Palanga
LT
Trauktin Dainava
[]
________________
EN
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PART C
EU-Member State
Name to be protected
IT
Vermouth di Torino
FR
Vermouth de Chambry
DE
Nrnberger Glhwein
DE
Thringer Glhwein
[...]
________________
EN
545
EN
(b)
(c)
9. The consultations, common evaluations and proposed recommendations shall be based on the
principles of transparency, non-discrimination and proportionality.
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10. The Coordinators, within their competencies, shall work to eliminate the threat of an
emergency situation or to overcome the emergency situation taking into account the
recommendations that have been elaborated as the result of the consultations.
11. The Experts Group referred to in paragraph 8 shall report on its activities to the Coordinators
promptly after the implementation of any agreed plan of action.
12. If an emergency situation occurs, the Coordinators may establish a Special Monitoring Group
with the task of examining the on-going circumstances and development of events and keeping
an objective record of them. The Group shall consist of:
(a)
(b)
(c)
(d)
13. The Special Monitoring Group shall start its work without delay and shall operate, as
necessary, until the emergency situation has been solved. A decision on the termination of the
work of the Special Monitoring Group shall be taken jointly by the Coordinators.
14. From the moment in which a Party informs the other Party of the circumstances described in
paragraph 5, and until the completion of the procedures set out in this Annex and the elimination
of the threat of an emergency situation or the resolution of the emergency situation, the Parties
will do their utmost to minimise negative consequences for the other Party. The Parties shall
cooperate with the aim to reach an immediate solution in a spirit of transparency. The Parties
shall refrain from any actions unrelated to the on-going emergency situation that could create or
deepen the negative consequences for the supply of natural gas, oil or electricity between the
Republic of Moldova and the Union.
15. Each Party independently carries the costs relating to the actions in the framework of this
Annex.
16. The Parties shall maintain in confidence all information exchanged between them that is
designated as being of a confidential nature. The Parties shall take any necessary measures to
protect confidential information on the basis of the relevant legal and normative acts of the
Republic of Moldova, or the European Union and/ or its Member States, as applicable, or of the
Union, as well as in accordance with applicable international agreements and conventions.
17. The Parties may invite, by mutual agreement, representatives of third parties to take part in
the consultations or monitoring referred to in paragraphs 8 and 12.
18. The Parties may agree to adapt the provisions of this Annex in view of establishing an early
warning mechanism between them and other Parties.
19. A violation of this mechanism cannot serve as a basis for dispute settlement procedures
under Title V (Trade and Trade-related Matters) of this Agreement. Moreover, a Party shall not
rely on or introduce as evidence in such dispute settlement procedures:
EN
(a)
positions taken or proposals made by the other Party in the course of the
procedure set out in this Annex; or,
(b)
the fact that the other Party has indicated its willingness to accept a solution to the
emergency situation subject to this mechanism.
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(b)
provide a statement of the alleged adverse effects that the requesting Party
believes the measure has, or will have, on trade or investment between the Parties;
and
(c)
explain how the requesting Party considers that those effects are linked to the
measure.
2.
The mediation procedure may only be initiated by mutual agreement of the Parties. The
Party to which a request pursuant to paragraph 1 is addressed shall give sympathetic
consideration to the request and reply by accepting or rejecting it in writing within ten days of its
receipt.
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Article 4
Selection of the mediator
1.
Upon launch of the mediation procedure, the Parties shall endeavour to agree on a
mediator no later than 15 days after the receipt of the reply to the request referred to in Article 3
of this Annex.
2.
In the event that the Parties are unable to agree on the mediator within the time frame laid
down in paragraph 1, either Party may request the chair or co-chairs of the Association
Committee in Trade configuration as set out in Article 438(4) of this Agreement, or their
delegates, to select the mediator by lot from the list established under Article 404(1) of this
Agreement. Representatives of both Parties shall be invited, with due anticipation, to be present
when lots are drawn. In any event, the lot shall be carried out with the Party/Parties that is/are
present.
3.
The chair or co-chairs of the Association Committee in Trade configuration as set out in
Article 438(4) of this Agreement, or their delegates, shall select the mediator within five working
days of the request made under paragraph 2 of this Article by either Party.
4.
Should the list provided for in Article 404(1) of this Agreement not be established at the
time a request is made pursuant to Article 3 of this Annex, the mediator shall be drawn by lot
from the individuals which have been formally proposed by one or both of the Parties.
5.
A mediator shall not be a citizen of either Party, unless the Parties agree otherwise.
6.
The mediator shall assist, in an impartial and transparent manner, the Parties in bringing
clarity to the measure and its possible trade effects, and in reaching a mutually agreed solution.
The Code of Conduct for Arbitrators and Mediators set out in Annex XXXIV to this Agreement
shall apply to mediators, mutatis mutandis. Rules 3 through 7 (notifications) and 41 through 45
(translation and interpretation) of the Rules of Procedure of Annex XXXIII to this Agreement
shall also apply, mutatis mutandis.
Article 5
Rules of the mediation procedure
1.
Within ten days after the appointment of the mediator, the Party having invoked the
mediation procedure shall present, in writing, a detailed description of the problem to the
mediator and to the other Party, in particular of the operation of the measure at issue and its trade
effects. Within 20 days after the date of delivery of this submission, the other Party may provide,
in writing, its comments to the description of the problem. Either Party may include in its
description or comments any information that it deems relevant.
2.
The mediator may decide on the most appropriate way of bringing clarity to the measure
concerned and its possible trade effects. In particular, the mediator may organise meetings
between the Parties, consult the Parties jointly or individually, seek the assistance of or consult
with relevant experts and stakeholders and provide any additional support requested by the
Parties. However, before seeking the assistance of or consulting with relevant experts and
stakeholders, the mediator shall consult with the Parties.
3.
The mediator may offer advice and propose a solution for the consideration of the Parties
which may accept or reject the proposed solution or may agree on a different solution. However,
the mediator shall not advise or give comments on the consistency of the measure at issue with
this Agreement.
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4.
The procedure shall take place in the territory of the Party to which the request was
addressed, or by mutual agreement in any other location or by any other means.
5.
The Parties shall endeavour to reach a mutually agreed solution within 60 days from the
appointment of the mediator. Pending a final agreement, the Parties may consider possible
interim solutions, especially if the measure relates to perishable goods.
6.
The solution may be adopted by means of a decision of the Association Committee in
Trade configuration as set out in Article 438(4) of this Agreement. Either Party may make such
solution subject to the completion of any necessary internal procedures. Mutually agreed
solutions shall be made publicly available. The version disclosed to the public may not contain
any information that a Party has designated as confidential.
7.
On request of the Parties, the mediator shall issue to the Parties, in writing, a draft factual
report, providing a brief summary of (1) the measure at issue in these procedures; (2) the
procedures followed; and (3) any mutually agreed solution reached as the final outcome of these
procedures, including possible interim solutions. The mediator shall provide the Parties 15 days
to comment on the draft report. After considering the comments of the Parties submitted within
the period, the mediator shall submit, in writing, a final factual report to the Parties within 15
days. The factual report shall not include any interpretation of this Agreement.
8.
(a) by the adoption of a mutually agreed solution by the Parties, on the date of adoption;
(b) by a mutual agreement of the Parties at any stage of the procedure, on the date of that
agreement;
(c) by a written declaration of the mediator, after consultation with the Parties, that further
efforts at mediation would be to no avail, on the date of that declaration; or
(d) by a written declaration of a Party after exploring mutually agreed solutions under the
mediation procedure and after having considered any advice and proposed solutions by the
mediator, on the date of that declaration.
Section 2
Implementation
Article 6
Implementation of a mutually agreed solution
1.
Where the Parties have agreed to a solution, each Party shall take the measures necessary
to implement the mutually agreed solution within the agreed timeframe.
2.
The implementing Party shall inform the other Party in writing of any steps or measures
taken to implement the mutually agreed solution.
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Section 3
General Provisions
Article 7
Confidentiality and relationship to dispute settlement
1.
Unless the Parties agree otherwise, and without prejudice to Article 5(6) of this Annex,
all steps of the procedure, including any advice or proposed solution, are confidential. However,
any Party may disclose to the public that mediation is taking place.
2.
The mediation procedure is without prejudice to the Parties rights and obligations under
the provisions on Dispute Settlement of Chapter 14 (Dispute Settlement) of Title V (Trade and
Trade-related Matters) of this Agreement or any other agreement.
3.
Consultations under Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related
Matters) of this Agreement are not required before initiating the mediation procedure. However,
a Party should normally avail itself of the other available cooperation or consultation provisions
in this Agreement before initiating the mediation procedure.
4.
A Party shall not rely on or introduce as evidence in other dispute settlement procedures
under this Agreement or any other agreement, nor shall a panel take into consideration:
(a) positions taken by the other Party in the course of the mediation procedure or information
gathered under Articles 5(1) and 5(2) of this Annex;
(b)
the fact that the other Party has indicated its willingness to accept a solution to the
measure subject to mediation; or
(c)
5.
A mediator may not serve as a panellist in a dispute settlement proceeding under this
Agreement or under the WTO Agreement involving the same matter for which he or she has
been a mediator.
Article 8
Time limits
Any time limit referred to in this Annex may be modified by mutual agreement between the
Parties involved in these procedures.
Article 9
Costs
1.
Each Party shall bear its own expenses derived from its participation in the mediation
procedure.
2.
The Parties shall share jointly and equally the expenses derived from organisational
matters, including the remuneration and expenses of the mediator. The remuneration of the
mediator shall be in accordance with that foreseen for the Chairperson of an arbitration Panel in
Rule 8(e) of the Rules of Procedure.
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(c)
(d)
(e)
(f)
(g)
(h)
2.
The Party complained against shall be in charge of the logistical administration of dispute
settlement proceedings, in particular the organisation of hearings, unless otherwise agreed. The
Parties shall share the expenses derived from organisational matters, including the remuneration
and the expenses of the arbitrators.
Notifications
3.
Each Party to the dispute and the arbitration panel shall transmit any request, notice,
written submission or other document by e-mail to the other Party, and as regards written
submissions and requests in the context of arbitration to each of the arbitrators. The arbitration
panel shall circulate documents to the Parties also by e-mail. Unless proven otherwise, an e-mail
message shall be deemed to be received on the date of its sending. If any of the supporting
documents are above ten megabytes, they shall be provided in another electronic format to the
other Party and where relevant to each of the arbitrators within two days from the sending of the
e-mail.
4.
A copy of the documents transmitted in accordance with rule 3 above shall be submitted
to the other Party and where relevant to each of the arbitrators on the day of sending the e-mail
by either facsimile transmission, registered post, courier, delivery against receipt or any other
means of telecommunication that provides a record of the sending thereof.
5.
All notifications shall be addressed to the Ministry of Economy of the Republic of
Moldova and to the Directorate-General for Trade of the Commission of the European Union,
respectively.
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6.
Minor errors of a clerical nature in any request, notice, written submission or other
document related to the arbitration panel proceeding may be corrected by delivery of a new
document clearly indicating the changes.
7.
If the last day for delivery of a document falls on an official legal holiday of the Republic
of Moldova or of the European Union, the document shall be deemed delivered within the
deadline on the next business day.
Commencing the arbitration
8.
(a)
If pursuant to Article 385 of this Agreement or to rule 20 of these Rules, an
arbitrator is selected by lot, the lot shall be carried out at a time and place decided by the
complaining Party to be promptly communicated to the Party complained against. The
Party complained against may, if it so chooses, be present during the lot. In any event,
the lot shall be carried out with the Party/Parties that is/are present.
(b)
If pursuant to Article 385 of this Agreement or to rule 20 of these Rules, an
arbitrator is selected by lot and there are two chairs of Association Committee in Trade
configuration as set out in Article 438(4) of this Agreement, both chairs, or their
delegates, or one chair alone in cases where the other chair or his delegate does not
accept to participate in the lot, shall perform the selection by lot.
(c)
The Parties shall notify the selected arbitrators regarding their appointment.
(d)
An arbitrator who has been appointed according to the procedure established in
Article 385 of this Agreement shall confirm his/her availability to serve as an arbitrator to
the Association Committee in Trade configuration as set out in Article 438(4) of this
Agreement within five days of the date in which he/she was informed of his/her
appointment. If a candidate declines the appointment for a justified reason, a new
arbitrator shall be selected following the same procedure used for the selection of the
unavailable candidate.
(e)
Unless the Parties to the dispute agree otherwise, they shall meet the arbitration
panel within seven days of its establishment in order to determine such matters that the
Parties or the arbitration panel deem appropriate, including the remuneration and
expenses to be paid to the arbitrators, which will be in accordance with WTO standards.
The remuneration for each arbitrator's assistant shall not exceed 50% of the remuneration
of that arbitrator. Arbitrators and representatives of the Parties to the dispute may take
part in this meeting via telephone or video conference.
9.
(a)
Unless the Parties agree otherwise within five days from the date of the selection
of the arbitrators, the terms of reference of the arbitration panel shall be:
to examine, in the light of the relevant provisions of the Agreement invoked by the
parties to the dispute, the matter referred to in the request for establishment of the
arbitration panel, to rule on the compatibility of the measure in question with the
provisions referred to in Article 381 of the Association Agreement and to make a ruling
in accordance with Articles 387 and 402 of the Association Agreement.
(b) The Parties shall notify the agreed terms of reference to the arbitration panel within
three days of their agreement.
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Initial submissions
10.
The complaining Party shall deliver its initial written submission no later than 20 days
after the date of establishment of the arbitration panel. The Party complained against shall
deliver its written counter-submission no later than 20 days after the date of receipt of the initial
written submission.
Working of arbitration panels
11.
The chairperson of the arbitration panel shall preside at all its meetings. An arbitration
panel may delegate to the chairperson authority to make administrative and procedural decisions.
12.
Unless otherwise provided in Chapter 14 (Dispute settlement) of Title V (Trade and
Trade-related Matters) of this Agreement, the arbitration panel may conduct its activities by any
means, including telephone, facsimile transmissions or computer links.
13.
Only arbitrators may take part in the deliberations of the arbitration panel, but the
arbitration panel may permit its assistants to be present at its deliberations.
14.
The drafting of any ruling shall remain the exclusive responsibility of the arbitration
panel and shall not be delegated.
15.
Where a procedural question arises that is not addressed by the provisions of Chapter 14
(Dispute settlement) of Title V (Trade and Trade-related Matters) of this Agreement and its
annexes, the arbitration panel, after consulting the Parties, may adopt an appropriate procedure
that is compatible with those provisions.
16.
When the arbitration panel considers that there is a need to modify any of the time limits
for its proceedings other than the time-limits set out in Chapter 14 (Dispute settlement) of Title
V (Trade and Trade-related Matters) of this Agreement or to make any other procedural or
administrative adjustment, it shall inform the Parties to the dispute in writing of the reasons for
the change or adjustment and of the period of time or adjustment needed.
Replacement
17.
If in an arbitration proceeding an arbitrator is unable to participate, withdraws, or must be
replaced because she or he does not comply with the requirements of the Code of Conduct, as set
out in Annex XXXIV to this Agreement, a replacement shall be selected in accordance with
Article 385 of this Agreement and rule 8 of these Rules.
18.
Where a Party to the dispute considers that an arbitrator does not comply with the
requirements of the Code of Conduct and for this reason should be replaced, this Party shall
notify the other Party to the dispute within 15 days from the time at which it obtained evidence
of the circumstances underlying the arbitrator's material violation of the Code of Conduct.
19.
Where a Party to the dispute considers that an arbitrator other than the chairperson does
not comply with the requirements of the Code of Conduct, the Parties to the dispute shall consult
and, if they so agree, select a new arbitrator in accordance with Article 385 of this Agreement
and rule 8 of these Rules.
If the Parties to the dispute fail to agree on the need to replace an arbitrator, any Party to the
dispute may request that such matter be referred to the chairperson of the arbitration panel,
whose decision shall be final.
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If, pursuant to such a request, the chairperson finds that an arbitrator does not comply with the
requirements of the Code of Conduct, the new arbitrator shall be selected in accordance with
Article 385 of this Agreement and rule 8 of these Rules.
20.
Where a Party considers that the chairperson of the arbitration panel does not comply
with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree,
select a new chairperson in accordance with Article 385 of this Agreement and rule 8 of these
Rules.
If the Parties fail to agree on the need to replace the chairperson, any Party may request that
such matter be referred to one of the remaining members of the pool of individuals from the sublist of chairpersons established under paragraph 1 of Article 404 of this Agreement. Her or his
name shall be drawn by lot by the chair of the Association Committee in Trade configuration as
set out in Article 438(4) of this Agreement, or the chairs delegate within five days from the
request. The decision by this person on the need to replace the chairperson shall be final.
If this person decides that the original chairperson does not comply with the requirements of the
Code of Conduct, she or he shall select a new chairperson by lot among the remaining pool of
individuals from the sub-list of chairpersons referred to under Article 404(1) of this Agreement.
The selection of the new chairperson shall be done within five days of the date of the submission
of the date of the decision abovementioned.
21.
The arbitration panel proceedings shall be suspended for the period taken to carry out the
procedures provided for in rules 18, 19 and 20 of these Rules.
Hearings
22.
The chairperson of the arbitration panel shall fix the date and time of the hearing in
consultation with the Parties to the dispute and the other arbitrators, and shall confirm this in
writing to the Parties to the dispute. This information shall also be made publicly available by the
Party in charge of the logistical administration of the proceedings, unless the hearing is closed to
the public. Unless a Party disagrees, the arbitration panel may decide not to convene a hearing.
23.
Unless the Parties agree otherwise, the hearing shall be held in Brussels if the
complaining Party is the Republic of Moldova, and in Chisinau if the complaining Party is the
European Union.
24.
The arbitration panel may convene additional hearings, if the Parties so agree.
25.
26.
The following persons may attend the hearing, irrespective of whether the proceedings
are open to the public or not:
(a)
(b)
(c)
(d)
arbitrators assistants.
Only the representatives and advisers of the Parties to the dispute may address the arbitration
panel.
27.
No later than five days before the date of a hearing, each Party to the dispute shall deliver
to the arbitration panel a list of the names of individuals who will make oral arguments or
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presentations at the hearing on behalf of that Party and of other representatives or advisers who
will be attending the hearing.
28.
The arbitration panel shall conduct the hearing in the following manner, ensuring that the
complaining Party and the Party complained against are afforded equal time:
Argument
(a)
(b)
Rebuttal Argument
(a)
(b)
29.
The arbitration panel may direct questions to either Party to the dispute at any time
during the hearing.
30.
The arbitration panel shall arrange for a transcript of each hearing to be prepared and
delivered as soon as possible to the Parties to the dispute. The Parties to the dispute may
comment on the transcript and the arbitration panel may consider those comments.
31.
Each Party to the dispute may deliver a supplementary written submission concerning
any matter that arose during the hearing within ten days of the date of the hearing.
Questions in writing
32.
The arbitration panel may at any time during the proceedings address questions in writing
to one or both Parties to the dispute. Each of the Parties to the dispute shall receive a copy of any
questions put by the arbitration panel.
33.
A Party to the dispute shall also provide a copy of its written response to the arbitration
panels questions to the other Party to the dispute. Each Party to the dispute shall be given the
opportunity to provide written comments on the other Partys reply within five days of the date
of receipt of such reply.
Confidentiality
34.
Each Party to the dispute and its advisers shall treat as confidential any information
submitted by the other Party to the dispute to the arbitration panel which that Party has
designated as confidential. Where a Party to the dispute submits a confidential version of its
written submissions to the arbitration panel, it shall also, upon request of the other Party, provide
a non-confidential summary of the information contained in its submissions that could be
disclosed to the public no later than 15 days after the date of either the request or the submission,
whichever is later and an explanation why the non-disclosed information is confidential. Nothing
in these Rules shall preclude a Party to the dispute from disclosing statements of its own
positions to the public to the extent that, when making reference to information submitted by the
other Party, it does not disclose any information designated by the other Party as confidential.
The arbitration panel shall meet in closed session when the submission and the arguments of a
Party contain confidential information. The Parties to the dispute and their advisers shall
maintain the confidentiality of the arbitration panel hearings where the hearings are held in
closed session.
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Ex parte contacts
35.
The arbitration panel shall not meet or communicate with a Party in the absence of the
other Party.
36.
No arbitrator may discuss any aspect of the subject matter of the proceedings with one
Party or both Parties to the dispute in the absence of the other arbitrators.
Amicus curiae submissions
37.
Unless the Parties agree otherwise within three days of the date of the establishment of
the arbitration panel, the arbitration panel may receive unsolicited written submissions from
natural or legal persons established in the territory of a Party to the dispute who are independent
from the governments of the Parties to the dispute, provided that they are made within ten days
of the date of the establishment of the arbitration panel, that they are concise and in no case
longer than 15 pages typed at double space and that they are directly relevant to a factual or a
legal issue under consideration by the arbitration panel.
38.
The submission shall contain a description of the person making the submission, whether
natural or legal, including its nationality or place of establishment, the nature of its activities, its
legal status, general objectives and the source of its financing, and specify the nature of the
interest that the person has in the arbitration proceeding. It shall be drafted in the languages
chosen by the Parties to the dispute in accordance with rules 41 and 42 of these Rules.
39.
The arbitration panel shall list in its ruling all the submissions it has received that
conform to rules 37 and 38 of these Rules. The arbitration panel shall not be obliged to address
in its ruling the arguments made in such submissions. Any such submission shall be notified by
the arbitration panel to the Parties to the dispute for their comments. The comments of the Parties
to the dispute shall be submitted within ten days and any such comments shall be taken into
consideration by the arbitration panel.
Urgent cases
40.
In cases of urgency referred to in Chapter 11 (Trade-related Energy) of Title V (Trade
and Trade-related Matters) of this Agreement, the arbitration panel, after consulting the Parties to
the dispute, shall adjust the time limits referred to in these Rules as appropriate and shall notify
the Parties of such adjustments.
Translation and interpretation
41.
During the consultations referred to in Article 382 of this Agreement and no later than the
meeting referred to in rule 8(e) of these Rules, the Parties to the dispute shall endeavour to agree
on a common working language for the proceedings before the arbitration panel.
42.
If the Parties to the dispute are unable to agree on a common working language, each
Party shall make its written submissions in its chosen language. Such Party shall provide at the
same time a translation in the language chosen by the other Party, unless its submissions are
written in one of the working languages of the World Trade Organisation. The Party complained
against shall arrange for the interpretation of oral submissions into the languages chosen by the
Parties to the dispute.
43.
Arbitration panel rulings shall be notified in the language or languages chosen by the
Parties to the dispute.
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44.
Any Party to the dispute may provide comments on the accuracy of the translation of any
translated version of a document drawn up in accordance with these Rules.
45.
Each Party shall bear the costs of the translation of its written submissions. Any costs
incurred for translation of an arbitration ruling shall be borne equally by the Parties to the
dispute.
Other procedures
46.
These Rules of Procedure are also applicable to procedures established under Article 382,
Article 391(2), Article 392(2), Article 393(2) and Article 395(2) of Chapter 14 (Dispute
settlement) of Title V (Trade and Trade-related Matters) of this Agreement. However, the
time-limits laid down in these Rules of Procedure shall be adjusted by the arbitration panel in
line with the special time-limits provided for the adoption of a ruling by the arbitration panel in
those other procedures.
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Definitions
1.
(a) Arbitrator means a member of an arbitration panel established under Article 385 of this
Agreement;
(b) "Assistant" means a person who, under the terms of appointment of an arbitrator, conducts,
researches or provides assistance to the arbitrator;
(c) "Candidate" means an individual whose name is on the list of arbitrators referred to in
Article 404 of this Agreement and who is under consideration for selection as an arbitrator under
Article 385 of this Agreement;
(d) "Mediator" means a person who conducts a mediation procedure in accordance with Annex
XXXII (Mediation Mechanism) to this Agreement".
(e) "Proceeding", unless otherwise specified, means an arbitration panel proceeding under
Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement;
(f) "Staff", in respect of an arbitrator, means persons under the direction and control of an
arbitrator, other than assistants.
Responsibilities to the Process
2.
Throughout the proceedings, every candidate and arbitrator shall avoid impropriety and
the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect
conflicts of interests and shall observe high standards of conduct so that the integrity and
impartiality of the dispute settlement mechanism is preserved. Former arbitrators must comply
with the obligations established in rules 15, 16, 17 and 18 of this Code of Conduct.
Disclosure obligations
3.
Prior to confirmation of her or his selection as an arbitrator under Chapter 14 (Dispute
Settlement) of Title V (Trade and Trade-related Matters) of this Agreement, a candidate shall
disclose any interest, relationship or matter that is likely to affect his or her independence or
impartiality or that might reasonably create an appearance of impropriety or bias in the
proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any
such interests, relationships and matters.
4.
A candidate or an arbitrator shall communicate matters concerning actual or potential
violations of this Code of Conduct only to the Association Committee in Trade configuration, as
set out in Article 438(4) of this Agreement, for consideration by the Parties.
5.
Once selected, an arbitrator shall continue to make all reasonable efforts to become aware
of any interests, relationships or matters referred to in rule 3 of this Code of Conduct and shall
disclose them. The disclosure obligation is a continuing duty which requires an arbitrator to
disclose any such interests, relationships or matters that may arise during any stage of the
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proceeding. The arbitrator shall disclose such interests, relationships or matters by informing the
Association Committee in Trade configuration, in writing, for consideration by the Parties.
Duties of arbitrators
6.
An arbitrator included in the lists of arbitrators provided for in Article 404 of this
Agreement may decline the appointment as an arbitrator only for justified reasons such as, for
example, disease, participation in other court or panel proceedings or conflict of interest. Upon
confirmation of her or his selection, an arbitrator shall be available to perform and shall perform
her or his duties thoroughly and expeditiously throughout the proceeding, and with fairness and
diligence.
7.
An arbitrator shall consider only those issues raised in the proceeding and necessary for a
ruling and shall not delegate this duty to any other person.
8.
An arbitrator shall take all appropriate steps to ensure that his or her assistant and staff
are aware of, and comply with, rules 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct.
9.
10.
An arbitrator shall be independent and impartial, and avoid creating an appearance of
impropriety or bias and shall not be influenced by self-interest, outside pressure, political
considerations, public clamour, and loyalty to a Party or fear of criticism.
11.
An arbitrator shall not, directly or indirectly, incur any obligation or accept any benefit
that would in any way interfere, or appear to interfere, with the proper performance of her or his
duties.
12.
An arbitrator shall not use her or his position on the arbitration panel to advance any
personal or private interests and shall avoid actions that may create the impression that others are
in a special position to influence her or him.
13.
An arbitrator shall not allow financial, business, professional, personal, or social
relationships or responsibilities to influence her or his conduct or judgement.
14.
An arbitrator shall avoid entering into any relationship or acquiring any financial interest
that is likely to affect her or his impartiality or that might reasonably create an appearance of
impropriety or bias.
Obligations of former arbitrators
15.
All former arbitrators shall avoid actions that may create the appearance that they were
biased in carrying out their duties or derived advantage from the decision or ruling of the
arbitration panel.
Confidentiality
16.
No arbitrator or former arbitrator shall at any time disclose or use any non-public
information concerning a proceeding or acquired during a proceeding except for the purposes of
that proceeding and shall not, in any case, disclose or use any such information to gain personal
advantage or advantage for others or to adversely affect the interest of others.
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EN
17.
An arbitrator shall not disclose an arbitration panel ruling or parts thereof prior to its
publication in accordance with Chapter 14 (Dispute Settlement) of Title V (Trade and Traderelated Matters) of this Agreement.
18.
An arbitrator or a former arbitrator shall not disclose the deliberations of an arbitration
panel, or any arbitrator's view at any time.
Expenses
19.
Each arbitrator shall keep a record and render a final account of the time devoted to the
procedure and of her or his expenses, as well as the time and expenses of his or her assistant and
staff.
Mediators
20.
The disciplines described in this Code of Conduct as applying to arbitrators or former
arbitrators shall apply, mutatis mutandis, to mediators.
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ANNEXES
to the
Association Agreement
between the European Union and the European Atomic
Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part
Version: 26/11/2013
EN
EN
EN
AT
Austria
BE
Belgium
BG
Bulgaria
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EU
ES
Spain
EE
Estonia
FI
Finland
FR
France
EL
Greece
162
EN
HR
Croatia
HU
Hungary
IE
Ireland
IT
Italy
LV
Latvia
LT
Lithuania
LU
Luxembourg
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
RO
Romania
SK
Slovak Republic
SI
Slovenia
SE
Sweden
UK
United Kingdom
10. The following abbreviation is used for the purpose of Annexes XXVII-E, XXVII-F,
XXVII-G, XXVII-H:
MD
EN
Republic of Moldova
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ANNEX XXVII-A
LIST OF RESERVATIONS ON ESTABLISHMENT (UNION)
1.
The list below indicates the economic activities where reservations to national
treatment or most favoured treatment by the Union pursuant to Article 205(2) of this
Agreement apply to establishments and investors of Republic of Moldova.
The list is composed of the following elements:
(a)
(b)
A list of sector or sub-sector specific reservations indicating the sector or subsector concerned along with the reservation(s) applying.
EN
2.
In accordance with Article 202(3) of this Agreement, the list below does not include
measures concerning subsidies granted by the Parties
3.
The rights and obligations arising from the list below shall have no self-executing effect
and thus confer no rights directly on natural or legal persons.
4.
5.
Where the Union maintains a reservation that requires that a service supplier be a
national, permanent resident or resident of its territory as a condition to the supply of a
service in its territory, a reservation listed in Annex XXVII-C to this Agreement shall
operate as a reservation with respect to establishment under this Annex, to the extent
applicable.
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Horizontal reservations
Public utilities
EU: Economic activities considered as public utilities at a national or local level may be subject to
public monopolies or to exclusive rights granted to private operators11.
Types of establishment
EU: Treatment accorded to subsidiaries (of Moldovan companies) formed in accordance with
the law of the Member States of the European Union and having their registered office, central
administration or principal place of business within the Union is not extended to branches or
agencies established in the Member States of the European Union by Moldovan companies.12
AT: Managing directors of branches of juridical persons must be resident in Austria; natural
persons responsible within a juridical person or a branch for the observance of the Austrian
Trade Act must have a domicile in Austria.
EE: At least half of the members of the management board shall have their residence in the
European Union.
FI: A foreigner carrying on trade as a private entrepreneur and at least one of the partners in a
general partnership or of general partners in a limited partnership have to be permanently
resident in the European Economic Area (EEA). For all sectors, EEA residency is required for at
least one of the ordinary and deputy members of the board of directors and the managing director;
however exemptions may be granted to certain companies. If a Moldovan organization intends to
carry on business or trade by establishing a branch in Finland, a trade permit is required.
HU: No national treatment and most favoured nation treatment obligations for the acquisition of
state owned properties.
IT: Access to industrial, commercial and artisanal activities may be subject to a residence permit.
PL: Moldovan investors can undertake and conduct economic activity only in the form of a
limited partnership, limited joint-stock partnership, limited liability company, and joint-stock
company (in the case of legal services only in the form of registered partnership and limited
partnership).
RO: The sole administrator or the chairman of the board of administration as well as half of the
total number of administrators of the commercial companies shall be Romanian citizens unless
otherwise stipulated in the company contract or its statutes. The majority of the commercial
companies' auditors and their deputies shall be Romanian citizens.
11
Public utilities exist in sectors such as related scientific and technical consulting services, R&D services on social
sciences and humanities, technical testing and analysis services, environmental services, health services, transport
services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to
private operators, for instance operators with concessions from public authorities, subject to specific service
obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sectorspecific scheduling is not practical. This reservation does not apply to telecommunications and to computer and
related services.
12
In accordance with Article 54 of the TFEU, these subsidiaries are considered as juridical persons of the European
Union. To the extent that they have a continuous and effective link with the economy of the European Union, they
are beneficiaries of the Unions Internal Market, which includes, inter alia, the freedom to establish and to provide
services in all Member States of the European Union.
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SE: A foreign company, which has not established a legal entity in Sweden or is conducting its
business through a commercial agent, shall conduct its commercial operations through a branch,
registered in Sweden, with independent management and separate accounts. The managing director
of the branch, and the vice-managing director if appointed, must reside in the EEA. A natural
person not resident in the EEA, who conducts commercial operations in Sweden, shall appoint and
register a resident representative responsible for the operations in Sweden. Separate accounts shall
be kept for the operations in Sweden. The competent authority may in individual cases grant
exemptions from the branch and residency requirements. Building projects with duration of less
than a year - conducted by a company located or a natural person residing outside the EEA - are
exempted from the requirements of establishing a branch or appointing a resident representative.
A Swedish limited liability company may be established by a natural person resident within the
EEA, by a Swedish legal person or by a legal person that has been formed according to the
legislation in a state within the EEA and that has its registered office, headquarters or principal
place of business within the EEA. A partnership may be a founder, only if all owners with
unlimited personal liability are resident within the EEA. Founders outside the EEA may apply for
permission from the competent authority. For limited liability companies and co-operative
economic associations, at least 50 % of the members of the board of directors, at least 50% of the
deputy board members,the managing director, the vice-managing director, the deputy board
members and at least one of the persons authorized to sign for the company, if any, must reside
within the EEA. The competent authority may grant exemptions from this requirement. If none of
the companys/societys representatives reside in Sweden, the board must appoint and register a
person resident in Sweden, who has been authorised to receive servings on behalf of the
company/society. Corresponding conditions prevail for establishment of all other types of legal
entities.
SK: A Moldovan natural person whose name is to be registered in the Commercial Register as a
person authorised to act on behalf of the entrepreneur is required to submit residence permit for the
Slovak Republic.
Investment
ES: Investment in Spain by foreign governments and foreign public entities (which tends to
imply, besides economic, also non-economic interests to entity's part), directly or through
companies or other entities controlled directly or indirectly by foreign governments, needs prior
authorisation by the government.
BG: Foreign investors cannot participate in privatisation. Foreign investors and Bulgarian
juridical persons with controlling Moldovan participation require permission for a) prospecting,
development or extraction of natural resources from the territorial seas, the continental shelf or
the exclusive economic zone and b) acquisition of a controlling equity interests in companies
engaged in any of the activities specified under a).
FR: Moldovan purchases exceeding 33.33 per cent of the shares of capital or voting rights in
existing French enterprises, or 20 per cent in publicly quoted French companies, are subject to
the following regulations:
- investments of less than 7.6 million Euros in French enterprises with a turnover not exceeding
76 million Euros are free, after a delay of 15 days following prior notification and verification
that these amounts are met;
- after a period of one month following prior notification, authorisation is tacitly granted for
other investments unless the Minister of Economic Affairs has, in exceptional circumstances,
exercised its right to postpone the investment.
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EN
13
As regards services sectors, these limitations do not go beyond the limitations reflected in the existing
commitments under GATS.
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EL: According to Law No. 1892/90, permission from the Ministry of Defence is needed for
acquisition of land in areas near borders. According to administrative practices, permission is
easily granted for direct investment.
HR: Unbound in relation to acquisition of real estate by services suppliers not established and
incorporated in Croatia. Acquisition of real estate necessary for the supply of services by
companies established and incorporated in Croatia as legal persons is allowed. Acquisition of
real estate necessary for the supply of services by branches requires the approval of the Ministry
of Justice. Agricultural land cannot be acquired by foreign juridical or natural persons.
IE: Prior written consent of the Land Commission is necessary for the acquisition of any interest
in Irish land by domestic or foreign companies or foreign nationals. Where such land is for
industrial use (other than agricultural industry), this requirement is waived subject to certification
to this effect from the Minister for Enterprise, Trade and Employment. This law does not apply
to land within the boundaries of cities and towns.
IT: The purchase of real estate by foreign natural and juridical persons is subject to a condition
of reciprocity.
LT: Acquisition into ownership of land, internal waters and forests shall be permitted to foreign
natural and juridical persons meeting the criteria of European and transatlantic integration. The
land plot acquisition procedure, terms and conditions, as well as restrictions shall be established
by the constitutional law.
LV: Limitations on the acquisition of land in rural areas and land in cities or urban areas; land
lease not exceeding 99 years permitted.
PL: Acquisition of real estate, direct and indirect, by foreigners (a natural or foreign legal
persons) requires permission. Unbound in relation to acquisition of state-owned property, i.e. the
regulations governing the privatizations process.
RO: Natural persons not having Romanian citizenship and residence in Romania, as well as
legal persons not having Romanian nationality and their headquarters in Romania, cannot
acquire ownership over any kind of land plots, through inter vivos acts.
SI: Branches established in the Republic of Slovenia by foreign persons may only acquire real
estate, except land, necessary for the conduct of the economic activities for which they are
established.
SK: Agricultural and forest land cannot be acquired by foreign juridical or natural persons.
Specific rules apply to certain other real estate categories. Foreign entities may acquire real
property through establishment of Slovak legal entities or participation in joint ventures.
Acquisition of the land by foreign entities is subject to authorization (for modes 3 and 4).
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Sectoral reservations
A. Agriculture, Hunting, Forestry and Logging
FR: The establishment of agricultural enterprises by non-EU companies and the acquisition of
vineyards by non EU investors are subject to authorisation.
AT, HR, HU, MT, RO: No national treatment and most favoured nation treatment obligations
for agricultural activities.
CY: The participation of investors is allowed only up to 49%.
IE: Establishment by Moldovan residents in flour milling activities is subject to authorisation.
BG: No national treatment and most favoured nation treatment obligations for logging activities.
B: Fishing and Aquaculture
EU: Access to and use of the biological resources and fishing grounds situated in the maritime
waters coming under the sovereignty or within the jurisdiction of Member States of the EU may
be restricted to fishing vessels flying the flag of a EU territory unless otherwise provided for.
SE: A ship shall be deemed Swedish and can carry the Swedish flag if more than half is owned
by Swedish citizens or juridical persons. The Government may permit foreign vessels to fly the
Swedish flag if their operations are under Swedish control or the owner has permanent residence
in Sweden. Vessels which are 50% owned by EEA nationals or companies having their
registered office, central administration or principal place of business in the EEA and whose
operation is controlled from Sweden, may also be registered in the Swedish register. A
professional fishing license, needed for professional fishing, is only given if the fishing has a
connection to the Swedish fishing industry. Connection can for example be landing half the catch
during a calendar year (in value) in Sweden, half the fishing trips departs from a Swedish
harbour or half of the fishermen in the fleet are domiciled in Sweden. For vessels over five
meters, a vessel permit is needed together with the professional fishing license. A permit is
granted if, among other things, the vessel is registered in the national registry and the vessel have
a real economic connection to Sweden.
UK: No national treatment and most favoured nation obligations for the acquisition of UK
flagged vessels, unless the investment is at least 75 per cent owned by British citizens and/or by
companies which are at least 75 per cent owned by British citizens, in all cases resident and
domiciled in the UK. Vessels must be managed, directed and controlled from within the UK.
C: Mining and quarrying
EU: No national treatment and most favoured nation treatment obligations for juridical persons
controlled14 by natural or juridical persons of a non EU country which accounts for more than 5%
of the European Union's oil or natural gas imports. No national treatment and most favoured nation
treatment obligations for direct branching (incorporation is required).
14
EN
A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name
majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 percent of
the equity interests in a juridical person shall be deemed to constitute control.
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D: Manufacturing
EU: No national treatment and most favoured national obligations for juridical persons controlled15
by natural or juridical persons of a non EU country which accounts for more than 5% of the
European Union's oil or natural gas imports. No national treatment and most favoured nation
treatment obligations for direct branching (incorporation is required).
HR: Residence requirement for publishing, printing and reproduction of recorded media.
IT: Owners of publishing and printing company and publishers must be citizens of a EU
Member State. Companies must have their headquarters in a EU Member State.
SE: Owners of periodicals that are printed and published in Sweden, who are natural persons,
must reside in Sweden or be citizens of the EEA. Owners of such periodicals who are juridical
persons must be established in the EEA. Periodicals that are printed and published in Sweden,
and technical recordings must have a responsible editor, who must be domiciled in Sweden.
For production, transmission and distribution on own account of electricity, gas, steam and hot
water16 (excluding nuclear based electricity generation)
EU: No national treatment and most favoured nation obligations for production of electricity,
transmission and distribution of electricity on own account and manufacture of gas, distribution of
gaseous fuels.
For production, transmission and distribution of steam and hot water
EU: No national treatment and most favoured national obligations for juridical persons controlled17
by natural or juridical persons of a non EU country which accounts for more than 5% of the
European Union's oil, electricity or natural gas imports. Unbound for direct branching
(incorporation is required).
FI: No national treatment and most favoured nation obligations for production, transmission and
distribution of steam and hot water.
1. Business services
Professional services
EU: No national treatment and most favoured nation treatment obligations with respect to legal
advisory and legal documentations and certification services provided by legal professionals
entrusted with public functions, such as notaries, huissiers de justice or other officiers publics
et ministriels, and with respect to services provided by bailiffs who are appointed by an
official act of government.
EU: Full admission to the Bar required for the practice of domestic (EU and Member State) law,
which is subject to a nationality condition and/or residency requirement.
15
A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a
majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 percent of
the equity interests in a juridical person shall be deemed to constitute control.
16
The horizontal limitation on public utilities applies.
17
A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a
majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 per cent of
the equity interests in a juridical person shall be deemed to constitute control.
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AT: With respect to legal services, foreign lawyers (who must be fully qualified in their home
country) equity participation and shares in the operating result of any law firm may not exceed
25 per cent. They may not have decisive influence in decision-making. For foreign minority
investors, or its qualified personnel, provision of legal services is only authorized in respect of
public international law and the law of the jurisdiction where they are qualified to practice as a
lawyer; provision of legal services in respect of domestic (EU and Member State) law including
representation before courts requires full admission to the bar, which is subject to a nationality
condition
With respect to accounting, bookkeeping, auditing and taxation advisory services, equity
participation and voting rights of persons entitled to exercise the profession according to foreign
law may not exceed 25 per cent.
No national treatment and most favoured nation treatment obligations for medical (except for
dental services and for psychologists and psychotherapists) and veterinary services.
BG: With respect to legal services, some types of legal form (advokatsko sadrujue and
advokatsko drujestvo) are reserved to lawyers fully admitted to the Bar in the Republic of
Bulgaria. For mediation services permanent residence is required. With respect to taxation
services EU nationality condition applies. With respect to architectural services, urban planning
and landscape architectural services, engineering and integrated engineering services foreign
natural and legal persons, possessing recognized licensed designer competence under their
national legislation, may survey and design works in Bulgaria independently only after winning
a competitive procedure and when selected as contractors under the terms and according to the
procedure established by the Public Procurement Act ;for projects of national or regional
significance, Moldovan investors must act in partnership with or, as subcontractors of, local
investors. With respect to urban planning and landscape architectural services, nationality
condition applies. No national treatment and most favoured national treatment obligation for
midwives services and services provided by nurses, physiotherapists and paramedical personnel.
DK: Foreign auditors may enter into partnerships with Danish State authorized accountants after
obtaining permission from the Danish Commerce and Companies Agency.
FI: No national treatment and most favoured nation treatment obligations with respect to
services related to publicly or privately funded health and social services (i.e. Medical, including
Psychologists, and Dental services; Midwives services; Physiotherapists and Paramedical
Personnel).
FI: With respect to auditing services, residency requirement for at least one of the auditors of a
Finnish Liability company.
FR: With respect to legal services, some types of legal form ("association d'avocats" and "socit
en participation d'avocat") are reserved to lawyers fully admitted to the Bar in FR. With respect to
architectural services, medical (including psychologists) and dental services, midwife services
and services provided by nurses, physiotherapists and paramedical personnel, foreign investors
only have access to the legal forms of "socit d'exercice liberal" (socits anonymes, socits
responsabilit limite ou socits en commandite par actions) and "socit civile professionnelle".
Nationality condition and reciprocity with respect to veterinary services.
EL: No national and most favoured nation treatment with respect to dental technicians. EU
nationality is required to obtain a licence to be a statutory auditor and in veterinary services.
ES: Statutory auditors and industrial property attorneys are subject to an EU nationality condition.
HR: Unbound except for consultancy on home country, foreign and international law.
Representation of parties before courts can be practised only by the members of the Bar Council
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of Croatia (Croatian title odvjetnici). Citizenship requirement for membership in the Bar
Council. In proceedings involving international elements, parties can be represented before
arbitration courts ad hoc courts by lawyers who are members of bar associations of other
countries.
Licence is required to provide audit services. Natural and legal persons may supply architectural
and engineering services upon approval of the Croatian Chamber of Architects and Croatian
Chamber of Engineers respectively.
All persons providing services directly to patients/treating patients need a licence from the
professional chamber.
HU: Establishment should take the form of partnership with a Hungarian barrister (gyvd) or a
barristers office (gyvdi iroda), or representative office. Residency requirement for non EEA
national in veterinary services.
LV: In a commercial company of sworn auditors more than 50 per cent of the voting capital
shares shall be owned by sworn auditors or commercial companies of sworn auditors of the EU
or the EEA.
LT: With respect to auditing services, at least of shares of an audit company must belong to
auditors or auditing companies of EU or EEA.
PL: While other types of legal form are available for EU lawyers, foreign lawyers only have
access to the legal forms of registered partnership and limited partnership. EU nationality
condition to provide veterinary services.
SK: Residency is required to provide architectural, engineering services, veterinary services.
SE: For legal services, admission to the Bar, necessary only for the use of the Swedish title
advokat, is subject to a residency requirement. There is a residency requirement for liquidators.
The competent authority may grant exemption from this requirement. There are EEA
requirements connected to the appointing of a certifier of an economic plan. EEA residency
requirement for auditing services.
Research and Development services
EU: For publicly funded Research and Development services, exclusive rights and/or
authorisations can only be granted to EU nationals and to EU juridical persons having their
headquarters in the EU.
Rental/Leasing without Operators
A. Relating to ships:
LT: Ships must be owned by Lithuanian natural persons or companies established in Lithuania.
SE: In the case of Moldovan ownership interests in a ship, proof of dominating Swedish
operating influence must be shown to fly the Swedish flag.
B: Relating to aircraft:
EU: With respect to rental and leasing relating to aircraft, although waivers can be granted for
short term lease contracts, aircraft must be owned either by natural persons meeting specific
nationality criteria or by juridical persons meeting specific criteria regarding ownership of
capital and control (including nationality of directors).
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IT: Italian or EU nationality and residency requirement in order to obtain the necessary
authorisation to supply security guard services. Owners of publishing and printing company and
publishers must be citizens of a EU Member State. Companies must have their headquarters in a
EU Member State. No national treatment and MFN obligation for collection agency and credit
reporting services.
LV: With respect to investigations services, only detective companies whose head and every
person who has an office in the administration institutions thereof is a national of the EU or the
EEA are entitled to obtain a license. With respect to security services at least half of the equity
capital should be possessed by physical and juridical persons of the EU or the EEA to obtain a
license.
LT: The activity of security services, may only be undertaken by persons with the citizenship of
the EEA or a NATO country.
PL: With respect to investigation services, the professional license can be granted to a person
holding Polish citizenship or to a citizen of another EU Member State, EEA or Switzerland. With
respect to security service, a professional license may be granted only to a person holding Polish
citizenship or to a citizen of another EU Member State, EEA or Switzerland. EU nationality
condition for sworn translators. Polish nationality condition to provide aerial photographic
services and for the editor-in chief of newspaper and journals.
PT: No national treatment and most favoured nation treatment obligations for investigation
services. An EU nationality condition for investors to provide Collection agency services and
credit reporting services. Nationality requirement for specialised personnel for security services.
SE: Residency requirement for publisher and owner of publishing and printing companies. Only
Sami people may own and excercise reindeer husbandry.
SK: With respect to investigation services and security services, licences may be granted only if
there is no security risk and if all managers are citizens of the EU, EEA or Switzerland.
4. Distribution services
EU: No national treatment and most favoured nation treatment obligations with respect to
distribution of arms, munitions and explosives.
EU: Nationality condition and residency requirement applies in some countries to operate a
pharmacy and operate as tobacconists.
FR: No national treatment and most favoured nation treatment obligations with respect to
granting of exclusive rights in the areas of tobacco retail.
FI: No national treatment and most favoured nation treatment obligations with respect to
distribution of alcohol and pharmaceuticals.
AT: No national treatment and most favoured nation treatment obligations with respect to
distribution of pharmaceuticals
BG: No national treatment and most favoured nation treatment obligations with respect to
distribution of alcoholic beverages, chemical products, tobacco and tobacco products,
pharmaceuticals, medical and orthopaedic goods; weapons, munitions and military equipment;
petroleum and petroleum products, gas, precious metals, precious stones.
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DE: Only natural persons are permitted to provide retail services of pharmaceuticals and specific
medical goods to the public. Residency is required in order to obtain a licence as a pharmacist
and/or to open a pharmacy for the retail of pharmaceuticals and certain medical goods to the
public. Nationals of other countries or persons who have not passed the German pharmacy exam
may only obtain a licence to take over a pharmacy which has already existed during the
preceding three years.
HR: No national treatment and most favourable nation treatment obligations with respect to
distribution of tobacco products.
6. Environmental services
EU: No national treatment and most favoured nation treatment obligations in respect of the
provision of services relating to the collection, purification and distribution of water to
household, industrial, commercial or other users, including the provision of drinking water, and
water management.
7. Financial services18
EU: Only firms having their registered office in the European Union can act as depositories of
the assets of investment funds. The establishment of a specialised management company, having
its head office and registered office in the same Member State, is required to perform the
activities of management of unit trusts and investment companies.
AT: The licence for a branch offices of foreign insurers shall be denied if the foreign insurer
does not have a legal form corresponding or comparable to a joint stock company or a mutual
insurance association. The management of a branch office must consist of two natural persons
resident in Austria.
BG: Pension insurance shall be implemented through participation in incorporated pension
insurance companies. Permanent residence in Bulgaria is required for the chairperson of the
management board and the chairperson of the board of directors. Before establishing a branch or
agency to provide certain classes of insurance, a foreign insurer must have been authorized to
operate in the same classes of insurance in its country of origin.
CY: Only members (brokers) of the Cyprus Stock Exchange can undertake business pertaining
to securities brokerage in Cyprus. A brokerage firm may only be registered as a member of the
Cyprus Stock Exchange if it has been established and registered in accordance with the
Companies Law of Cyprus (no branches).
EL: The right of establishment does not cover the creation of representative offices or other
permanent presence of insurance companies, except where such offices are established as
agencies, branches or head offices.
ES: Before establishing a branch or agency to provide certain classes of insurance, a foreign
insurer must have been authorized to operate in the same classes of insurance in its country of
origin.
18
The horizontal limitation on the difference in treatment between branches and subsidiaries applies. Foreign
branches may only receive an authorisation to operate in the territory of a Member State under the conditions
provided for in the relevant legislation of that Member State and may therefore be required to satisfy a number of
specific prudential requirements.
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HU: Branches of foreign institutions are not allowed to provide asset management services for
private pension funds or management of venture capital. The board of a financial institution
should include at least two members, who are Hungarian citizens, residents in the meaning of the
relevant foreign exchange regulations and have permanent residency in Hungary for at least one
year.
IE: In the case of collective investment schemes constituted as unit trusts and variable capital
companies (other than undertakings for collective investment in transferable securities, UCITS)
the trustee/depository and management company is required to be incorporated in Ireland or in
another Member State of the European Union (no branches). In the case of an investment limited
partnership, at least one general partner must be incorporated in Ireland. To become a member of
a stock exchange in Ireland, an entity must either (a) be authorized in Ireland, which requires that
it be incorporated or be a partnership, with a head/registered office in Ireland, or (b) be
authorized in another Member State of the European Union in accordance with the European
Union directive on investment and services.
PT: Pension fund management may be provided only by specialized companies incorporated in
Portugal for that purpose and by insurance companies established in Portugal and authorised to
take up the life insurance business or by entities authorised to pension fund management in other
EU Member States.
In order to establish a branch in Portugal, foreign insurance companies need to demonstrate prior
operational experience of at least five years. Direct branching is not permitted for insurance
intermediation, which is reserved to companies formed in accordance with the law of a Member
State of the European Union.
FI: For insurance companies providing statutory pension insurance: at least one half of the
promoters and members of the board of directors and the supervisory board shall have their place
of residence in the EU, unless the competent authorities have granted an exemption.
Other insurance companies than those providing statutory pension insurance: residency
requirement for at least one member of the board of directors and supervisory board and the
managing director.
The general agent of a Moldovan insurance company must have his place of residence in
Finland, unless the company has its head office in the EU.
Foreign insurers cannot get a licence in Finland as a branch to carry on statutory pension
insurance.
For banking services: residency requirement for at least one of the founders, one member of the
board of directors and supervisory board, the managing director and the person entitled to sign
the name of a credit institution.
IT: In order to be authorized to manage the securities settlement system with an establishment
in Italy, a company is required to be incorporated in Italy (no branches). In order to be authorised
to manage central securities depository services with an establishment in Italy, companies are
required to be incorporated in Italy (no branches). In the case of collective investment schemes
other than UCITS harmonized under the legislations of the European Union, the
trustee/depository is required to be incorporated in Italy or in another Member State of the
European Union and established through a branch in Italy. Management companies of UCITS
not harmonized under the legislations of the European Union are also required to be incorporated
in Italy (no branches). Only banks, insurance companies, investment firms, and companies
managing UCITS harmonised under the legislations of the European Union, having their legal
head office in the European Union, as well as UCITS incorporated in Italy may carry out activity
of pension fund resources management. In providing the activity of door-to-door selling,
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intermediaries must utilise authorised financial salesmen listed in the Italian register.
Representative offices of foreign intermediaries cannot carry out activities aimed at providing
investment services.
LT: For the purpose of asset management, incorporation as a specialized management company
(no branches) is required.
Only firms having their registered office or branch in Lithuania can act as depositories of
pension funds.
Only banks having their registered office or branch in Lithuania and authorized to provide
investment services in the Member state or in the European Economic Area State may act as the
depositaries of the assets of pension funds.
PL: Local incorporation (no branches) required for insurance intermediaries.
SK: Foreign nationals may establish an insurance company in the form of a joint stock company
or may conduct insurance business through their subsidiaries with registered office in Slovakia
(no branches).
Investment services in Slovakia can be provided by banks, investment companies, investment
funds and security dealers which have a legal form of joint-stock company with equity capital
according to the law (no branches).
SE: Insurance broking undertakings not incorporated in Sweden may be established only though
a branch.
A founder of a savings bank shall be a natural person resident in the European Union.
8. Health, Social and Education services
EU: No national treatment and most favoured nation treatment obligations with respect to
publicly funded health, social and education services.
EU: No national treatment and most favoured nation treatment obligations with respect to
privately funded other human health services.
EU: With respect to privately funded education services, nationality conditions may apply for
majority of members of the Board.
EU (except for NL, SE and SK): No national treatment and most favoured nation treatment
obligations with respect to the provision of privately funded other education services, which
means other than those classified as being primary, secondary, higher and adult education
services.
BE, CY, CZ, DK, FR, DE, EL, HU, IT, ES, PT, UK: No national treatment and most favoured
nation treatment obligations with respect to the provision of privately funded social services
other than services relating to Convalescent and Rest Houses and Old People's Homes.
FI: No national treatment and most favoured nation treatment obligations with respect to
privately funded health and social services.
BG: Foreign high schools cannot open their divisions on the territory of the Republic of
Bulgaria. Foreign high schools can open faculties, departments, institutes and colleges in
Bulgaria only within the structure of the Bulgarian high schools and in cooperation with them.
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EL: With respect to higher education services, no national or most favoured nation treatment
obligations for establishment of education institutions granting recognized State diplomas. EU
nationality condition for owners and majority of members of the Board, teachers in privately
founded primary and secondary schools.
HR: No national treatment and most favorable nation treatment obligations with respect to
primary education.
SE:
reserves the right to adopt and maintain any measure with respect to educational services
suppliers that are approved by public authorities to provide education. This reservation applies to
publicly funded and privately funded educational services suppliers with some form of State
support, inter alia educational service suppliers recognized by the State, educational services
suppliers under State supervision or education which entitles to study support.
UK: No national treatment and most favoured nation treatment obligations with respect to the
provision of privately-funded ambulance services or privately-funded residential health services
other than hospital services.
9. Tourism and travel related services
BG, CY, EL, ES, FR: Nationality condition for tourist guides
BG: For hotel, restaurant and catering services (excluding catering in air transport services)
incorporation is required (no branching).
HR: Location in the protected areas of particular historic and artistic interest and within national or
landscape parks is subject to approval by the Government of the Republic of Croatia.
IT: Tourist guides from non-EU countries need to obtain a specific licence.
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11. Transport
Maritime transport
EU: No national treatment and most favoured treatment obligations for the establishment of a
registered company for the purpose of operating a fleet under the national flag of the State of
establishment
FI: For services auxiliary to maritime transport, services can be provided only by ships operating
under the Finnish flag.
HR: For services auxiliary to maritime transport foreign legal person is required to establish a
company in Croatia which should be granted a concession by the port authority, following a
public tendering procedure. The number of service suppliers may be limited reflecting
limitations in port capacity.
Internal Waterways Transport19
EU: No national treatment and most favoured nation treatment obligations with respect to
national cabotage transport. Measures based upon existing or future agreements on access to
inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic
rights for operators based in the countries concerned and meeting nationality criteria regarding
ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.
AT, HU: No national treatment and most favoured nation treatment obligations for the
establishment of a registered company for the purpose of operating a fleet under the national flag
of the State of establishment.
AT: With respect to internal waterways a concession is only granted to EEA juridical persons
and more than 50% of the capital share, the voting rights and the majority in the governing
boards are reserved to EEA-citizens.
HR: No national treatment and most favourable nation treatment obligations for internal
waterways transport.
Air transport services
EU: The conditions of mutual market access in air transport shall be dealt with by the
Agreement between the European Union and its Member States and Republic of Moldova on the
establishment of a common aviation area.
EU: Aircraft used by an air carrier of the EU have to be registered in the Member State of the EU
licensing the carrier or elsewhere in the EU. With respect to rental of aircraft with crew, aircraft
must be owned either by natural persons meeting specific nationality criteria or by juridical
persons meeting specific criteria regarding ownership of capital and control. Aircraft must be
operated by air carriers owned either by natural persons meeting specific nationality criteria or by
juridical persons meeting specific criteria regarding ownership of capital and control.
EU: With respect to computer reservation systems (CRS) services, where air carriers of the
European Union are not accorded equivalent treatment20 to that provided in the European Union
by CRS services suppliers outside the European Union, or where CRS services suppliers of the
European Union are not accorded equivalent treatment to that provided in the European Union
by non-EU air carriers, measures may be taken to accord equivalent treatment, respectively, to
19
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179
EN
the non-EU air carriers by the CRS services suppliers in the European Union, or to the non-EU
CRS services suppliers by the air carriers in the European Union.
Rail transport
HR: No national treatment and most favourable nation treatment obligations for passenger and
freight transportation and for pushing and towing services.
Road transport
EU: Incorporation is required (no branching) for cabotage operations. Residency requirement for
the transport manager.
AT: For passenger and freight transportation, exclusive rights and/or authorisations may only be
granted to nationals of the Member States of the European Union and to juridical persons of the
European Union having their headquarters in the European Union.
BG: For passenger and freight transportation, exclusive rights and/or authorisations may only be
granted to nationals of the Member States of the European Union and to juridical persons of the
European Union having their headquarters in the European Union. Incorporation is required.
Condition of EU nationality for natural persons.
EL: In order to engage in the occupation of road freight transport operator a Hellenic licence is
needed. Licences are granted on nondiscriminatory terms. Road freight transport operations
established in Greece may only use vehicles that are registered in Greece.
FI: Authorisation is required to provide road transport services, which is not extended to foreign
registered vehicles.
FR: Foreign investors are not allowed to provide intercity bussing services.
LV: For passenger and freight transportation services, an authorisation is required, which is not
extended to foreign registered vehicles. Established entities are required to use nationally
registered vehicles.
RO: In order to obtain a licence, road haulage and road passenger transport operators may only
use vehicles that are registered in Romania, owned and used according to the Government
Ordinance provisions.
SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed.
Criteria for receiving a taxi licence include that the company has appointed a natural person to
act as the transport manager (a de facto residency requirement see the Swedish reservation on
types of establishment). Criteria for receiving a licence for other road transport operators require
that the company be established in the EU, have an establishment situated in Sweden and have
appointed a natural person to act as the transport manager, who must be resident in the EU.
Licences are granted on non-discriminatory terms, except that operators of road haulage and road
passenger transport services may as a general rule only use vehicles that are registered in the
national road traffic registry. If a vehicle is registered abroad, owned by a natural or legal person
whose principal residence is abroad and is brought to Sweden for temporary use, the vehicle may
be temporarily used in Sweden. Temporary use is usually defined by the Swedish Transport
Agency as meaning not more than one year.
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14.
Energy services
EU: No national treatment and most favoured treatment obligations with respect to juridical
persons of Republic of Moldova controlled21 by natural or juridical persons of a country which
accounts for more than 5% of the EU's oil or natural gas imports22, unless the EU provides
comprehensive access to this sector to natural or juridical persons of this country, in the context of
an economic integration agreement concluded with that country.
EU: No national treatment and most favoured nation treatment obligations for nuclear-based
electricity generation and with respect to processing of nuclear fuel.
EU: Certification of a transmission system operator which is controlled by a natural or legal
person or persons from a third country or third countries may be refused where the operator has
not demonstrated that granting certification will not put at risk the security of energy supply in a
Member State and/ or the EU, in accordance with Article 11 of Directive 2009/72/EC of the
European Parliament and of the Council of 13 July 2009 concerning common rules for the
internal market in electricity and Article 11 of Directive 2009/73/EC of the European Parliament
and of the Council of 13 July 2009 concerning common rules for the internal market in natural
gas.
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO,
SK, SI, SE, UK: No national treatment and most favoured nation treatment obligations with
respect to pipeline transportation of fuels services, other than consultancy services.
BE, LV: No national treatment and most favoured nation treatment obligations with respect to
pipeline transportation of natural gas, other than consultancy services.
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, HU, IT, LU, LT, MT, NL, PL, PT,
RO, SK, SE, UK: No national treatment and most favoured nation treatment obligations with
respect to services incidental to energy distribution, other than consultancy services.
SI: No national treatment and most favoured nation treatment obligations with respect to services
incidental to energy distribution, other than services incidental to the distribution of gas.
CY: Reserves the right to require reciprocity for licensing in relation to the activities
of prospecting, exploration and exploitation of hydrocarbons.
15.
PT: No national treatment and most favoured nation treatment obligations with respect to services
related to the sale of equipment or to the assignment of a patent
SE: No national treatment and most favoured nation treatment obligations with respect to funeral,
cremation and undertaking services.
21
A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a
majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50% of the
equity interest in a juridical person shall be deemed to constitute control.
22
Based on figures published by the Directorate General in charge of Energy in the latest EU energy statistical
pocketbook: crude oil imports expressed in weight, gas imports in calorific value.
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ANNEX XXVII-B
LIST OF COMMITMENTS ON CROSS-BORDER SERVICES (UNION)
1.
The list of commitments below indicates the economic activities liberalised by the Union
pursuant to Article 212 to this Agreement and, by means of reservations, the market access and
national treatment limitations that apply to services and service suppliers of Republic of
Moldova in those activities. The lists are composed of the following elements:
(a)
A first column indicating the sector or sub-sector in which the commitment is assumed
by the Party, and the scope of liberalisation to which the reservations apply.
(b)
When the column referred to under (b) only includes Member State-specific reservations,
Member States not mentioned therein undertake commitments in the sector concerned without
reservations (the absence of Member State-specific reservations in a given sector is without
prejudice to horizontal reservations or to sectoral Union-broad reservations that may apply).
Sectors or sub-sectors not mentioned in the list below are not committed.
2.
(a)
CPC means the Central Products Classification as set out in Statistical Office of the
United Nations, Statistical Papers, Series M, N 77, CPC prov, 1991.
(b)
CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of
the United Nations, Statistical Papers, Series M, N 77, CPC ver 1.0, 1998.
3.
The list below does not include measures relating to qualification requirements and
procedures, technical standards and licensing requirements and procedures when they do not
constitute a market access or a national treatment limitation within the meaning of Articles 210
and 211 of this Agreement. Those measures (e.g. need to obtain a license, universal service
obligations, need to obtain recognition of qualifications in regulated sectors, need to pass
specific examinations, including language examinations, non-discriminatory requirement that
certain activities may not be carried out in environmental protected zones or areas of particular
historic and artistic interest), even if not listed, apply in any case to investors of the other Party.
4.
The list below is without prejudice to the feasibility of Mode 1 in certain services sectors
and sub-sectors and without prejudice to the existence of public monopolies and exclusive rights
as described in the list of commitments on establishment.
5.
In accordance with Article 202(3) of this Agreement, the list below does not include
measures concerning subsidies granted by the Parties.
6.
The rights and obligations arising from this list of commitments shall have no selfexecuting effect and thus confer no rights directly to individual natural persons or juridical
persons.
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EN
Sector or sub-sector
Description of reservations
1. BUSINESS SERVICES
A. Professional Services
a) Legal Services
23
(CPC 861)
AT, CY, ES, EL, LT, MT: Full admission to the Bar,
required for the practice of domestic (EU and Member
State) law, is subject to a nationality condition
23
Includes legal advisory, legal representational, legal arbitration and conciliation/mediation, and legal
documentation and certification services. Provision of legal services is only authorised in respect of public
international law, EU law and the law of any jurisdiction where the service supplier or its personnel is qualified to
practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures
applicable in Member States of the European Union. For lawyers providing legal services in respect of public
international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of
home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with
the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or
professional domicile in the host country. Legal services in respect of EU law shall in principle be carried out by or
through a fully qualified lawyer admitted to the Bar in the EU acting personally, and legal services in respect of the
law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer
admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State
of the European Union might therefore be necessary for representation before courts and other competent authorities
in the EU since it involves practice of EU and national procedural law. However, in some Member States, foreign
lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or
belonging to the State in which the lawyer is entitled to practice.
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EN
and
For Mode 1
than FR, HU, IT, MT, RO, SI: Unbound
CPC
CPC AT: Nationality condition for representation before
competent authorities
For Mode 2
All Member States: None
b) 2. Auditing services
For Mode 1
(CPC 86211 and 86212 other BE, BG, CY, DE, ES, FI, FR, EL, HU, IE, IT, LU, MT,
than accounting services)
NL, PT, RO, SI, UK: Unbound
AT: Nationality condition for representation before
competent authorities and for performing audits provided
for in specific Austrian laws (e.g. joint stock companies
law, stock exchange law, banking law, etc.)
HR: Foreign audit firms may provide audit services on the
Croatian territory where they have established a branch, in
accordance with the provisions of the Company Act.
SE: Only auditors approved in Sweden may perform
statutory auditing services in certain legal entities, among
others in all limited companies, and physical persons.
Only such persons and registered public accounting firms
may be shareowners or form partnerships in companies
which practice qualified auditing (for official purposes).
Residency within the EEA or Switzerland required for
approval. The titles of approved auditor and authorised
auditor may only be used by auditors approved or
authorised in Sweden. Auditors of co-operative economic
associations and certain other enterprises who are not
certified or approved accountants must be resident within
the EEA, unless the Government or a Government
authority appointed by the Government in a separate case
allows otherwise.
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EN
For Mode 2
None
c) Taxation Advisory Services
(CPC 863)24
For Mode 1
AT: Nationality condition for representation before
competent authorities
CY: Tax agents must be duly authorized by the Minister
of Finance. Authorization is subject to an economic needs
test. The criteria used are analogous to those for granting
permission for foreign investment (listed in horizontal
section), as they apply to this sub-sector, always taking
into consideration the employment situation in the subsector.
BG, MT, RO, SI: Unbound
For Mode 2
None
d) Architectural services
And
e) Urban planning and
landscape
architectural
services
For Mode 1
AT: Unbound except for planning services.
BE, CY, EL, IT, MT, PL, PT, SI: Unbound
24
Does not include legal advisory and legal representational services on tax matters, which are to be found under
1.A.a). Legal services.
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EN
For Mode 1
AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU,
IE, IT, LV, MT, NL, PT, RO, SI, SK: Unbound
UK: Unbound except for veterinary laboratory and
technical services supplied to veterinary surgeons, general
advice, guidance and information e.g.: nutritional
behaviour and pet care.
For Mode 2
None
j) 1. Midwives services
(part of CPC 93191)
For Mode 1
AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU,
IE, IT, LV, LT, LU, MT, NL, PT, RO, SI, SK, UK:
Unbound
j) 2. Services provided by FI, PL: Unbound except for nurses
Nurses, Physiotherapists and HR: Unbound, except for telemedicine: None.
Paramedical Personnel
For Mode 2
(part of CPC 93191)
None
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186
EN
k)
Retail
sales
of
pharmaceuticals and retail
sales
of
medical
and
orthopaedical goods
(CPC 63211)
and other services supplied by
pharmacists25
For Mode 1
AT, BE, BG, CZ, DE, CY, DK, ES, FI, FR, EL, IE, IT,
LU, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound
LV, LT: Unbound except for mail order
HU: Unbound except for CPC 63211
For Mode 2
None
and
25
The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing
and qualification requirements and procedures applicable in Member States of the European Union. As a general
rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is
reserved to pharmacists.
26
Part of CPC 85201, which is to be found under 1.A.h. Medical and dental services.
27
The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions
on natural and juridical persons purchasing real estate.
EN
187
EN
For Mode 1
BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK,
SI: Unbound
HR: Commercial presence required.
For Mode 2
None
E. Rental/Leasing Services
without Operators
a) Relating to Ships
(CPC 83103)
For Mode 1
BG, CY, DE, HU, MT, RO: Unbound
For Mode 2
None
b) Relating to Aircraft
(CPC 83104)
For Mode 1
BG, CY, CZ, HU, LV, MT, PL, RO, SK: Unbound.
For Mode 2
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound.
AT, BE, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT,
LU, NL, PT, SI, SE, UK: Aircraft used by an air carrier
of the European Union have to be registered in the
Member State of the European Union licensing the air
carrier or elsewhere in the European Union. Waivers can
be granted for short term lease contracts or under
exceptional circumstances.
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188
EN
b) Market Research
Opinion Polling
(CPC 864)
c) Management
Services
(CPC 865)
Consulting
d) Services
Related
Management Consulting
(CPC 866)
e) Technical Testing
Analysis Services
(CPC 8676)
and
EN
189
EN
i) Placement and
Services of Personnel
Supply
i) 1. Executive search
(CPC 87201)
For Mode 1
i) 2. Placement Services
(CPC 87202)
For Mode 1
AT, BG, CY, CZ, DE, EE, ES, FI, HR, IE, LV, LT,
MT, PL, PT, RO, SK, SI, SE: Unbound
For Mode 2
AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, RO,
SK, SI: Unbound.
AT, BE, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR,
HR, IE, IT, LU, LV, LT, MT, NL, PL, PT, RO, SI, SE,
SK, UK: Unbound
For Mode 2
AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, RO,
SI, SK: Unbound.
j) 2. Security Services
For Mode 1
(CPC 87302, CPC 87303, CPC HU: Unbound for CPC 87304, CPC 87305
87304 and CPC 87305)
BE, BG, CY, CZ, ES, EE, FI, FR, HR, IT, LV, LT,
MT, PT, PL, RO, SI, SK: Unbound.
For Mode 2
HU: Unbound for CPC 87304, CPC 87305
BG, CY, CZ, EE, HR, LV, LT, MT, PL, RO, SI, SK:
Unbound.
EN
190
EN
EN
191
EN
For Mode 1
n) Photographic Services
(CPC 875)
For Mode 1
BG, EE, MT, PL: Unbound for the supply of aerial
photographic services
HR, LV: Unbound for specialty photographic services
(CPC 87504)
For Mode 2
None.
o) Packaging Services
(CPC 876)
q) Convention Services
(part of CPC 87909)
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL,
HR, IE, IT, LU, LV, MT, NL, PL, PT, RO, SI, SE, SK,
UK: Unbound
For Mode 2
None.
r) Other
r)
1.
Translation
Interpretation Services
(CPC 87905)
translation
and
28
Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found
under l.F. l) 1 to 1.F.l) 4.
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192
EN
Agency
For Modes 1 and 2
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR,
HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE,
UK: Unbound
r) 5. Duplicating services
(CPC 87904)29
For Mode 1
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL,
HR, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SI, SE,
SK, UK: Unbound
For Mode 2
None
r) 6. Telecommunications
consulting services
For Modes 1 and 2
(CPC 7544)
None
r) 7. Telephone answering
services
For Modes 1 and 2
(CPC 87903)
None
2. COMMUNICATION SERVICES
A. Postal and Courier
Services
(Services relating to the
handling30 of postal items31
according to the following list
of sub-sectors, whether for
domestic
or
foreign
destinations:
29
Does not include printing services, which fall under CPC 88442 and are to be found under 1.F p).
The term handling should be taken to include clearance, sorting, transport and delivery.
31
Postal item refers to items handled by any type of commercial operator, whether public or private.
30
EN
193
EN
32
EN
194
EN
EN
195
EN
thereof
(part of CPC 61111, part of
CPC 6113 and part of CPC
6121 )
b) Other Commission Agents
Services
(CPC 621)
B. Wholesale Trade Services
a) Wholesale Trade Services
of motor vehicles, motorcycles
and snowmobiles and parts
and accessories thereof
(part of CPC 61111, part of
CPC 6113 and part of CPC
6121 )
b) Wholesale Trade Services
of telecommunication terminal
equipment
(part of CPC 7542)
c) Other wholesale trade
services
(CPC 622 excluding wholesale
trade services of energy
products44)
C. Retailing Services45
Retailing Services of motor
vehicles, motorcycles and BE, BG, CY, DE, DK, ES, FR, EL, IE, IT, LU, MT,
snowmobiles and parts and NL, PL, PT, SK, UK: For retailing services, unbound
accessories thereof
except for mail order.
(CPC 61112, part of CPC 6113
and part of CPC 6121 )
Retailing
Services
of
telecommunication
terminal
equipment
(part of CPC 7542)
Food retailing services
(CPC 631)
44
These services, which include CPC 62271, are to be found in ENERGY SERVICES under 18.D.
Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 1.B.
and 1.F.l).
45
EN
196
EN
Education
B. Secondary
Services
(CPC 922)
Education
SERVICES
For Mode 1
BG, CY, FI, HR, MT, RO, SE, SI: Unbound
FR: Nationality condition. However, foreign nationals can
have authorisation from competent authorities to establish
and direct an education institution, and to teach.
IT: Nationality condition for service providers to be
authorized to issue State recognized diplomas.
For Mode 2
CY, FI, HR, MT, RO, SE, SI: Unbound
For Mode 1
BG, CY, FI,HR, MT, RO, SE: Unbound
FR: Nationality condition. However, foreign nationals can
have authorisation from competent authorities to establish
and direct an education institution, and to teach.
IT: Nationality condition for service providers to be
authorized to issue State recognized diplomas.
For Mode 2
CY, FI, MT, RO, SE: Unbound
For Modes 1 and 2
LV: Unbound for education services relating to technical
and vocational secondary school-type education services
for handicapped students (CPC 9224)
46
Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL
SERVICES in 1.A.k).
EN
197
EN
C.
Higher
Services
(CPC 923)
Education
For Mode 1
AT, BG, CY, FI, MT, RO, SE: Unbound
FR: Nationality condition. However, foreign nationals can
have authorisation from competent authorities to establish
and direct an education institution, and to teach.
IT: Nationality condition for service providers to be
authorized to issue State recognized diplomas.
For Mode 2
AT, BG, CY, FI, MT, RO, SE: Unbound
For Modes 1 and 2
CZ, SK: Unbound for higher education services, except
post-secondary technical and vocational education
services (CPC 92310)
6. ENVIRONMENTAL SERVICES
For Mode 1
A. Waste Water Services
47
(CPC 9401)
EU, except EE, LT, LV: Unbound except for consulting
services
EE, LT, LV: None
For Mode 2:
None
47
EN
198
EN
B. Solid/hazardous waste
management,
excluding For mode 1:
cross-border transport of EU, except EE, HU: Unbound except for consulting
hazardous waste
services
EE, HU: None
and
For Mode 2
None
(CPC 9403)
C. Protection of ambient air For mode 1:
and climate
EU, except EE, FI, LT, PL, RO: Unbound except for
consulting services
EE, FI, LT, PL, RO: None
For Mode 2
None
(CPC 9404)48
D. Remediation and clean-up For mode 1:
of soil and waters
EU, except EE, FI, RO: Unbound except for consulting
services
EE, FI, RO: None
For Mode 2
None
a) Treatment, remediation of
contaminated/polluted soil and
water
(part of CPC 94060)49
48
49
EN
199
EN
E. Noise
abatement
and
(CPC 9405)
F. Protection of biodiversity For mode 1:
and landscape
EU, except EE, FI, RO: Unbound except for consulting
services
EE, FI, RO: None
For Mode 2:
None
a) Nature and landscape
protection services
(part of CPC 9406)
G. Other environmental and For mode 1:
ancillary services
EU, except EE, FI, RO: Unbound except for consulting
services
EE, FI, RO: None
For Mode 2:
None
(CPC 94090)
7. FINANCIAL SERVICES
A. Insurance and insuranceFor Modes 1 and 2
related services
AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU,
NL, PL, PT, RO, SK, SE, SI, UK: Unbound for direct
insurance services except for insurance of risks relating to:
i) Maritime shipping and commercial aviation and space
launching and freight (including satellites), with such
insurance to cover any or all of the following: the goods
being transported, the vehicle transporting the goods and
any liability arising therefrom; and
ii) goods in international transit
AT: Promotional activity and intermediation on behalf of
a subsidiary not established in the Union or of a branch
not established in Austria (except for reinsurance and
retrocession) are prohibited. Compulsory air insurance,
except for insurance of international commercial air
EN
200
EN
EN
201
EN
EN
202
EN
EN
203
EN
EN
204
EN
EN
205
EN
For Mode 1
AT, BE, BG, DE, CY, CZ, DK, ES, EE, FI, FR, EL, IE,
IT, LV, LT, MT, LU, NL, PL, PT, RO, SI, SE, SK, UK:
Unbound
HR: Unbound, except for telemedicine.
C.
Residential
health
facilities other than hospital
For Mode 2
services
(CPC 93193)
None
D. Social Services
(CPC 933)
For Mode 1
AT, BE, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR,
HU, IE, IT, LU, MT, NL, PL, PT, RO, SE, SI, SK, UK:
Unbound
For Mode 2
BE: Unbound for social services other than convalescent
and rest houses and old people's homes
For Mode 1
BG, CY, CZ, HU, IT, LT, MT, PL, SK, SI: Unbound.
For Mode 2
None
50
Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT SERVICES under
12.D.a) Groundhandling services.
EN
206
EN
10.
RECREATIONAL,
CULTURAL
(other than audio-visual services)
A. Entertainment Services
(including
Theatre,
Live
Bands,
Circus
and
Discotheque Services)
(CPC 9619)
AND
SPORTING
SERVICES
For Mode 1
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR,
HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI,
UK: Unbound
For Mode 2
CY, CZ, FI, HR, MT, PL, RO, SK, SI: Unbound
BG: Unbound, except for theatrical producer, singer
group, band and orchestra entertainment services (CPC
96191); services provided by authors, composers,
sculptors, entertainers and other individual artists (CPC
96192); ancillary theatrical services (CPC 96193)
EE: Unbound for other entertainment services (CPC
96199) , except for cinema theatre services
LT, LV: Unbound, except for cinema theatre operation
services (part of CPC 96199)
D. Sporting services
(CPC 9641)
E. Recreation
beach Services
(CPC 96491)
EN
park
and
For Modes 1 and 2
None
207
EN
a) International passenger BG, CY, DE, EE, ES, FR, FI, EL, IT, LT, MT, PT, RO,
transportation
SI, SE: Feedering services by authorisation.
(CPC 7211 less national
cabotage transport51).
b)
International
freight
transportation
(CPC 7212 less national
cabotage transport30)52
B.
Internal
Waterways
For Modes 1 and 2
Transport
a) Passenger transportation
EU: Measures based upon existing or future agreements
(CPC 7221 less national on access to inland waterways (incl. agreements following
the Rhine-Main-Danube link) reserve some traffic rights
cabotage transport30)
for operators based in the countries concerned and meeting
nationality criteria regarding ownership. Regulations
implementing the Mannheim Convention on Rhine
Shipping and the Belgrade Convention on Danube
Navigation.
b) Freight transportation
For Mode 1
EU: Unbound
For Mode 2
None.
51
Without prejudice to the scope of activities which may be considered as cabotage under the relevant national
legislation, this schedule does not include national cabotage transport, which is assumed to cover transportation of
passengers or goods between a port or point located in a Member State of the European Union and another port or
point located in the same Member State, including on its continental shelf as provided in the UN Convention on the
Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the
European Union .
52
Includes feedering services and movement of equipment by international maritime transport suppliers between
ports located in same State when no revenue is involved.
EN
208
EN
D. Road Transport
a) Passenger Transportation
(CPC 7121 and CPC 7122)
b) Freight Transportation
(CPC
7123,
excluding
transportation of mail on own
account53).
E. Pipeline transport
goods other than fuel54
For Mode 1
EU: Unbound.
For Mode 2
None
of For Mode 1:
(CPC 7139)
EU: Unbound.
For Mode 2:
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE,
IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK:
Unbound
For Mode 1:
EU: Unbound for maritime cargo handling services,
pushing and towing services, customs clearance services
and for container station and depot services
AT, BG, CY, CZ, DE, EE, HU, LT, MT, PL, RO, SK,
SI, SE: Unbound for rental of vessels with crew
BG: unbound
AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, IE, IT,
LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK:
Unbound for storage and warehousing services
HR: Unbound except for freight transport agency services
53
Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A. Postal and courier
services.
54
Pipeline transportation of fuels is to be found in ENERGY SERVICES under 13.B
55
Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS
SERVICES under 1.F.l) 1 to 1.F.l) 4.
EN
209
EN
j) Other supporting
auxiliary services
(part of CPC 749)
and
B. Services auxiliary to
internal waterways transport
a) Cargo-handling services
(part of CPC 741)
b) Storage and warehouse
services
(part of CPC 742)
c) Freight transport agency
services
EN
210
EN
f) Other supporting
auxiliary services
(part of CPC 749)
and
For Mode 1
AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK,
SI, SE: Unbound for Rental of Commercial Road
Vehicles with Operators
HR: Unbound except for freight transport agency services
and supporting services for road transport that are subject to
permit
EN
211
EN
E. Services auxiliary to
pipeline transport of goods
other than fuel57
a) Storage and warehouse
services of goods other than
fuel transported by pipelines,
(part of CPC 742)
For Mode 1
EU: Unbound
For Mode 2
None
For Mode 1:
AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE,
IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK:
Unbound
For Mode 2
None
56
"Equivalent treatment" implies non-discriminatory treatment of Union air carriers and CRS services suppliers of
the Union.
57
Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 13.C
EN
212
EN
None
B. Pipeline Transportation of
For Mode 1:
fuels
(CPC 7131)
EU: Unbound.
For Mode 2:
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE,
IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK:
Unbound
C. Storage and warehouse For Mode 1:
services of fuels transported AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE,
through pipelines
IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK:
Unbound
(part of CPC 742)
For Mode 2
None
D. Wholesale trade services For Mode 1:
of solid, liquid and gaseous EU: Unbound for wholesale trade services of electricity,
fuels and related products
steam and hot water
(CPC 62271)
For Mode 2
and wholesale trade services
of electricity, steam and hot
water
None
58
Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to
mining, on land site preparation, on land rig installation, drilling, drilling bits services, casing and tubular services,
mud engineering and supply, solids control, fishing and down-hole special operations, wellsite geology and drilling
control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and
installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and
pressure pumping), workover and well repair services, plugging and abandoning of wells.
EN
213
EN
E. Retailing
motor fuel
(CPC 613)
Services
of
For Mode 1:
EU: Unbound
For Mode 2
None
For Mode 1:
EU: Unbound
For Mode 2
None.
c)
Cosmetic
treatment, For Mode 1:
manicuring
and
pedicure
services
EU: Unbound
(CPC 97022)
For Mode 2
None
d) Other beauty treatment For Mode 1:
services n.e.c
EU: Unbound
(CPC 97029)
For Mode 2
None
e) Spa services and non For Mode 1:
therapeutical massages, to the EU: Unbound
EN
214
EN
59
Therapeutical massages and thermal cure services are to be found under 1.A.h) Medical services, 1.A.j) 2 Services
provided by nurses, physiotherapists and para-medical personnel and health services (8.A and 8.C).
EN
215
EN
ANNEX XXVII-C
LIST OF RESERVATIONS ON KEY PERSONNEL, GRADUATE TRAINEES AND
BUSINESS SELLERS (UNION)
1.
The reservations below indicate the economic activities liberalised pursuant to Sections 2
and 3 of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of Title V
(Trade and Trade-related Matters) of this Agreement for which limitations on key
personnel and graduate trainees in accordance with Article 215 and on business sellers in
accordance with Article 216 of this Agreement apply and specifies such limitations. The
list below is composed of the following elements:
(a)
the first column indicating the sector or sub-sector in which limitations apply; and
(b)
When the column referred to under (b) only includes Member State-specific reservations,
Member States not mentioned therein undertake commitments in the sector concerned
without reservations (the absence of Member State-specific reservations in a given sector
is without prejudice to horizontal reservations or to sectoral Union-broad reservations that
may apply).
The Union does not undertake any commitment for key personnel, graduate trainees and
business sellers in economic activities which are not liberalised (remain unbound)
pursuant to pursuant to Sections 2 and 3 of Chapter 6 (Establishment, Trade in Services
and Electronic Commerce) of Title V (Trade and Trade-related Matters) of this
Agreement.
2.
EN
CPC means the Central Products Classification as set out in Statistical Office of the
United Nations, Statistical Papers, Series M, N 77, CPC prov, 1991; and
(b)
CPC ver. 1.0 means the Central Products Classification as set out in Statistical
Office of the United Nations, Statistical Papers, Series M, N 77, CPC ver 1.0, 1998.
3.
Commitments on key personnel, graduate trainees, business service sellers and sellers of
goods do not apply in cases where the intent or effect of their temporary presence is to
interfere with, or otherwise affect the outcome of, any labour/management dispute or
negotiation.
4.
The list below does not include measures relating to qualification requirements and
procedures, technical standards and licensing requirements and procedures when they do
not constitute a limitation within the meaning of Articles 215 and 216 of this Agreement.
Those measures (e.g. need to obtain a license, need to obtain recognition of qualifications
in regulated sectors, need to pass specific examinations, including language examinations),
even if not listed below, apply in any case to key personnel, graduate trainees and business
sellers of the Republic of Moldova.
5.
All other requirements of the laws and regulations of the EU and its Member States
regarding entry, stay, work and social security measures shall continue to apply, including
regulations concerning period of stay, minimum wages as well as collective wage
agreements.
216
EN
EN
6.
In accordance with Article 202(3) of this Agreement, the list below does not include
measures concerning subsidies granted by a Party.
7.
The list below is without prejudice to the existence of public monopolies and exclusive
rights as described in the list of commitments on establishment.
8.
In the sectors where economic needs tests are applied, their main criteria will be the
assessment of the relevant market situation in the Member State of the European Union or
the region where the service is to be provided, including with respect to the number of, and
the impact on, existing services suppliers.
9.
The rights and obligations arising from the list below shall have no self-executing effect
and thus confer no rights directly on natural or juridical persons.
217
EN
Sector or sub-sector
Description of reservations
Scope of intra-corporate transferees
ALL SECTORS
ALL SECTORS
For AT, CZ, DE, ES, FR, HU, training must be linked to the
university degree which has been obtained.
BG, HU: Economic needs tests are required for graduate trainees60.
Managing directors and auditors
ALL SECTORS
ALL SECTORS
60
As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS
commitments.
61
In order for non-EU country nationals to obtain EU-wide recognition of their qualifications, a mutual recognition
agreement, negotiated within the framework defined in Article 222 of this Agreement, is necessary.
EN
218
EN
Sector or sub-sector
Description of reservations
6.
BUSINESS
SERVICES
A.
Professional
Services
a) Legal Services
(CPC 861)62
excluding
legal
advisory and legal
documentations and
certification services
provided by legal
professionals
entrusted with public
functions, such as
notaries, huissiers
de justice or other
officiers publics et
ministriels.
AT, CY, ES, EL, LT, MT, RO, SK: Full admission to the Bar,
required for the practice of domestic (EU and Member State) law, is
subject to a nationality condition. For ES, the competent authorities
may grant waivers.
BE, FI: Full admission to the Bar, required for legal representation
services, is subject to a nationality condition, coupled with a residency
requirement. In BE quotas apply for representation before the Cour de
cassation in non-criminal cases.
BG: Moldovan lawyers can only provide legal representation services
of a Moldovan national and subject to reciprocity and cooperation with
a Bulgarian lawyer. For legal mediation services, permanent residency
is required.
FR: Lawyers access to the profession of avocat auprs de la Cour de
Cassation and avocat auprs du Conseil dEtat is subject to quotas
and to a nationality condition.
HR: Full admission to the Bar, required for legal representation
services, is subject to a nationality condition (Croatian citizenship and
citizenship of an EU Member State).
HU: Full admission to the Bar is subject to a nationality condition,
coupled with a residency requirement. For foreign lawyers the scope of
legal activities is limited to the provision of legal advice, which shall
take place on the basis of a collaboration contract concluded with a
Hungarian attorney or a law firm.
LV: Nationality requirement for sworn solicitors, to whom legal
representation in criminal proceedings is reserved.
62
Includes legal advisory services, legal representational services, legal arbitration and conciliation/mediation
services, and legal documentation and certification services.
Provision of legal services is only authorised in respect of public international law, EU law and the law of any
jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of
other services, is subject to licensing requirements and procedures applicable in the Member States of the EU. For
lawyers providing legal services in respect of public international law and foreign law, these licensing requirements
and procedures may take, inter alia, the form of compliance with local codes of ethics, use of home title (unless
recognition with the host title has been obtained), insurance requirements, simple registration with the host country
Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in
the host country. Legal services in respect of EU law shall in principle be carried out by or through a fully qualified
lawyer admitted to the Bar in a Member State of the EU acting personally, and legal services in respect of the law of
a Member State of the EU shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar
in that Member State acting personally. Full admission to the Bar in the relevant Member State of the EU might
therefore be necessary for representation before courts and other competent authorities in the Union since it involves
practice of EU and national procedural law. However, in some Member States, foreign lawyers not fully admitted to
the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which
the lawyer is entitled to practice.
EN
219
EN
Sector or sub-sector
Description of reservations
DK: Marketing of legal advice services is restricted to lawyers with a
Danish license to practice. Requirement of a Danish legal examination
in order to obtain a Danish licence.
LU: Nationality condition for the supply of legal services in respect
of Luxembourg and EU law.
SE: Admission to the Bar, necessary only for the use of the Swedish
title advokat, is subject to a residency requirement.
b) 1. Accounting and
Bookkeeping
Services
(CPC 86212 other
than
auditing
services, CPC 86213,
CPC 86219 and CPC
86220)
b)
2.
Auditing
services
(CPC 86211 and
86212 other than
accounting services)
Does not include legal advisory and legal representational services on tax matters, which are to be found under
6.A.a) Legal Services.
EN
220
EN
Sector or sub-sector
and
e) Urban planning
and
landscape
architectural services
(CPC 8671 and CPC
8674)
Description of reservations
must be resident in Estonia.
BG: Foreign specialists must have experience of at least two years in
the field of construction. Nationality condition for urban planning and
landscape architectural services.
EL, HU, IT: Residency requirement.
SK: Membership in relevant chamber is obligatory; membership in
relevant foreign institutions may be recognised. Residency
requirement, however exceptions might be considered
f)
Engineering
services
and
g)
Integrated
engineering services
(CPC 8672 and CPC
8673)
h)
Medical
(including
psychologists)
and
Dental services
(CPC 9312 and part of
CPC 85201)
i) Veterinary services BG, DE, EL, FR, HR, HU: Nationality condition.
(CPC 932)
CZ and SK: Nationality Requirement and residency requirement.
IT: Residency requirement.
EN
221
EN
Sector or sub-sector
Description of reservations
PL: Nationality requirement. Foreign persons may apply for
permission to practice.
j)
1.
Midwives AT: In order to establish a professional practice in Austria, the person
services
concerned must have practised the profession in question for at least
(part of CPC 93191)
three years preceding the setting up of that professional practice.
BE, LU: For graduate trainees, authorization by the competent
authorities required for foreign natural persons.
CY, EE, RO, SK: Authorization by the competent authorities required
for foreign natural persons.
FR: Nationality condition. However, access is possible within annually
established quotas.
HR: All persons providing services directly to patients/treating
patients need a licence from the professional chamber.
HU: Unbound.
IT: Residency requirement.
LV: Subject to economic needs, determined by the total number of
midwives in the given region, authorized by local health authorities.
PL: Nationality condition. Foreign persons may apply for permission
to practice.
j)
2.
Services
provided by Nurses,
Physiotherapists and
Paramedical
Personnel
(part of CPC 93191)
EN
222
EN
Sector or sub-sector
Description of reservations
k) Retail sales of
pharmaceuticals and
retail
sales
of
medical
and
orthopaedical goods
(CPC 63211)
and other services
supplied
by
pharmacists64
D.
Real
Services65
Estate
Business
e) Technical Testing IT, PT: Residence requirements for biologists and chemical analysts.
and
Analysis
Services
(CPC 8676)
f)
Advisory
64
The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing
and qualification requirements and procedures applicable in the Member States of the EU. As a general rule, this
activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to
pharmacists.
65
The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions
on natural and juridical persons purchasing real estate.
EN
223
EN
Sector or sub-sector
Description of reservations
Consulting services
incidental
to
Agriculture, Hunting
and Forestry
(part of CPC 881)
j)
2.
Security BE: Nationality condition and a residence requirement for
Services
management personnel.
(CPC 87302, CPC
BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Nationality
87303, CPC 87304
condition and a residence requirement.
and CPC 87305)
DK: Nationality condition and a residence requirement for managers
and for airport guard services.
ES, PT: Nationality condition for specialized personnel.
FR: Nationality condition for managing directors and directors.
IT: Italian or EU nationality condition and a residence requirement in
order to obtain necessary authorisation for security guard services and
the transport of valuables.
k) Related Scientific BG: Nationality condition for specialists.
and
Technical
DE: Nationality condition for publicly appointed surveyors.
Consulting Services
FR: Nationality condition for surveying operations relating to the
(CPC 8675)
establishment of property rights and to land law.
IT, PT: Residency requirement.
l) 1. Maintenance and MT: Nationality condition.
repair of vessels
(part of CPC 8868)
l) 2. Maintenance and LV: Nationality condition.
Repair
of
Rail
Transport
Equipment
(part of CPC 8868)
l) 3. Maintenance EU: For maintenance and repair of motor vehicles, motorcycles and
and Repair of motor snowmobiles, nationality condition for specialists and for graduate
vehicles, motorcycles, trainees.
snowmobiles
and
road
transport
Equipment
(CPC 6112, CPC
6122, part of CPC
8867 and part of CPC
8868)
l) 5. Maintenance EU: Nationality condition for specialists and for graduate trainee,
and Repair services except for:
EN
224
EN
Sector or sub-sector
of metal products, of
(non
office)
machinery, of (non
transport and non
office)
equipment
and of personal and
household goods66
(CPC 633, CPC 7545,
CPC 8861, CPC 8862,
CPC 8864, CPC 8865
and CPC 8866)
Description of reservations
BE, DE, DK, ES, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO,
SE,
UK
for
CPC
633,
8861,
8866;
BG for repair services of personal and household goods (excl. Jewellery):
CPC 63301, 63302, part of 63303, 63304, 63309;
m)
Building- CY, EE, HR, MT, PL, RO, SI: Nationality condition for specialists.
Cleaning Services
(CPC 874)
n)
Photographic HR, LV: Nationality condition for specialty photography services.
Services
PL: Nationality condition for the supply of aerial photographic
(CPC 875)
services.
p)
Printing
Publishing
(CPC 88442)
q)
Convention SI: Nationality condition.
Services
(part of CPC 87909)
r) 1. Translation and FI: Residence requirement for certified translators.
Interpretation
DK: Residence requirement for authorized public translators and
Services
interpreters, unless waived by the Danish Commerce and Companies
(CPC 87905)
Agency.
r)
3.
Collection BE, EL: Nationality condition.
Agency Services
IT: Unbound.
(CPC 87902)
r) 4. Credit reporting BE, EL: Nationality condition.
services
IT: Unbound.
(CPC 87901)
r)
5.
Duplicating EU: Nationality condition for specialists and for graduate trainees.
66
Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found
under 6.F. l) 1. to 6.F.l) 4.
Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found
under 6.B. Computer and Related Services.
EN
225
EN
Sector or sub-sector
Description of reservations
services
(CPC 87904)67
8.
BG: Foreign specialists must have experience of at least two years in
CONSTRUCTION
the field of construction.
AND
RELATED
ENGINEERING
SERVICES
(CPC 511, CPC 512,
CPC 513, CPC 514,
CPC 515, CPC 516,
CPC 517 and CPC
518)
9.DISTRIBUTION
SERVICES
(excluding distribution
of arms, munitions
and war material)
C.
Services68
Retailing
c) Food
services
(CPC 631)
10. EDUCATIONAL
SERVICES
(only
privately
funded
services)
A.
Primary FR: Nationality condition. However, Moldovan nationals may obtain
Education Services
authorisation from the competent authorities to establish and direct an
(CPC 921)
education institution, and to teach.
IT: Nationality condition for service providers who are authorised to
issue State-recognized diplomas.
EL: Nationality condition for teachers.
B.
Secondary FR: Nationality condition. However, Moldovan nationals may obtain
Education Services
authorisation from the competent authorities to establish and direct an
(CPC 922)
education institution, and to teach.
IT: Nationality condition for service providers who are authorised to
67
Does not include printing services, which fall under CPC 88442 and are to be found under 6.F. p).
Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.B.
and 6.F.l).
Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 19.E
and 19.F.
68
EN
226
EN
Sector or sub-sector
Description of reservations
issue State-recognized diplomas.
EL: Nationality condition for teachers.
LV: Nationality condition for technical and vocational secondary
school-type education services for handicapped students (CPC 9224).
C. Higher Education FR: Nationality condition. However, Moldovan nationals may obtain
Services
authorisation from the competent authorities to establish and direct an
(CPC 923)
education institution and to teach.
CZ, SK: Nationality condition for higher education services, except
for post-secondary technical and vocational education services (CPC
92310).
IT: Nationality condition for service providers who are authorised to
issue State-recognized diplomas.
DK: Nationality condition for professors.
12.
FINANCIAL
SERVICES
A. Insurance and AT: The management of a branch office must consist of two natural
insurance-related
persons resident in Austria.
services
EE: For direct insurance, the management body of an insurance jointstock company with Moldovan capital participation may include
Moldovan nationals only in proportion to the Moldovan participation
and in any event not more than half of the members of the
management body. The head of the management of a subsidiary or an
independent company must permanently reside in Estonia.
ES: Residency requirement for the actuarial profession (or
alternatively two years of experience)
FI: The managing directors and at least one auditor of an insurance
company shall have their place of residence in the EU, unless the
competent authorities have granted an exemption. The general agent
of a Moldovan insurance company shall have his place of residence in
Finland, unless the company has its head office in the EU.
HR: Residency requirement.
IT: Residency requirement for the actuarial profession.
B. Banking and BG: Permanent residence in Bulgaria is required for the executive
other
financial directors and the managerial agent.
services (excluding
FI: A managing director and at least one auditor of credit institutions
insurance)
shall have their place of residence in the EU, unless the Financial
Supervision Authority has granted an exemption.
HR: Residency requirement. The management board shall direct the
business of a credit institution from the territory of the Republic of
Croatia. At least one management board member must be fluent in
EN
227
EN
Sector or sub-sector
Description of reservations
the Croatian language.
IT: Condition of residency within the territory of a Member State of
the EU for promotori di servizi finanziari (financial salesmen).
LT: At least one head of a banks administration must permanently
reside in the Republic of Lithuania.
PL: Nationality requirement for at least one of the bank executives.
13.
HEALTH
SERVICES
AND
SOCIAL SERVICES
(only privately funded
services)
A. Hospital Services
(CPC 9311)
B.
Ambulance
Services
(CPC 93192)
C. Residential health
facilities other than
hospital services
(CPC 93193)
E. Social Services
(CPC 933)
B. Travel Agencies
and Tour Operators
Services (including
tour managers)
(CPC 7471)
69
Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT under 17.E.a)
Ground-handling services.
EN
228
EN
Sector or sub-sector
Description of reservations
C. Tourist Guides BG, CY, ES, FR, EL, HR, HU, LT, MT, PL, PT, SK: Nationality
Services
condition.
(CPC 7472)
IT: Tourist guides from non-EU countries need to obtain a specific
licence.
15.
RECREATIONAL,
CULTURAL
AND
SPORTING
SERVICES
(other than audiovisual services)
A.
Entertainment FR: Authorisation is necessary for the access to management
Services (including functions. The authorization is subject to a nationality condition when
Theatre, Live Bands, authorisation for more than two years is required.
Circus
and
Discotheque
Services)
(CPC 9619)
16. TRANSPORT
SERVICES
A.
transport
Maritime
a)
International EU: Nationality condition for ships crew.
passenger
AT: Nationality condition for the majority of managing directors.
transportation
(CPC
7211
less
national
cabotage
transport).
b)
International
freight
transportation
(CPC
7212
less
national
cabotage
transport)
D. Road Transport
a)
Passenger AT: Nationality condition for persons and shareholders entitled to
Transportation
represent a juridical person or a partnership.
(CPC 7121 and CPC
DK, HR,: Nationality condition and residence requirement for
7122)
managers.
BG, MT: Nationality condition.
b)
EN
229
EN
Sector or sub-sector
Description of reservations
70
Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 7.A. Postal and Courier
Services.
71
Pipeline transportation of fuels is to be found in ENERGY SERVICES under 19.B.
72
Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS
SERVICES under 6.F.l) 1. to 6.F.l) 4.
EN
230
EN
Sector or sub-sector
Description of reservations
j) Other supporting
and auxiliary services
(excluding catering)
(part of CPC 749)
D. Services auxiliary AT: Nationality condition for persons and shareholders entitled to
to road transport
represent a juridical person or a partnership.
d)
Rental
of
BG, MT: Nationality condition.
Commercial
Road
Vehicles
with
Operators
(CPC 7124)
F. Services auxiliary AT: Nationality condition for managing directors.
to pipeline transport
of goods other than
fuel73
a)
Storage
and
warehouse services of
goods other than fuel
transported
by
pipelines
(part of CPC 742)
19.
ENERGY
SERVICES
A.
Services SK: Residency requirement.
Incidental to Mining
(CPC 883)74
20.
OTHER
SERVICES
NOT
INCLUDED
ELSEWHERE
a)
Washing, EU: Nationality condition for specialists and for graduate trainees.
Cleaning and Dyeing
services
(CPC 9701)
73
Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 19.C.
Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to
mining, on-land site preparation, on-land rig installation, drilling, drilling bits services, casing and tubular services,
mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling
control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and
installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and
pressure pumping), workover and well repair services, plugging and abandoning of wells.
Does not include direct access to or exploitation of natural resources.
Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be
found under 8.CONSTRUCTION AND RELATED ENGINEERING SERVICES.
74
EN
231
EN
Sector or sub-sector
Description of reservations
b)
Hairdressing EU: Nationality condition for specialists and for graduate trainees.
services
(CPC 97021)
c)
Cosmetic EU: Nationality condition for specialists and for graduate trainees.
treatment,
manicuring
and
pedicuring services
(CPC 97022)
d) Other beauty EU: Nationality condition for specialists and for graduate trainees.
treatment
services
n.e.c
(CPC 97029)
e) Spa services and EU: Nationality condition for specialists and for graduate trainees.
non
therapeutical
massages, to the
extent that they are
provided
as
relaxation physical
well-being
services
and not for medical
or
rehabilitation
purposes75
(CPC ver. 1.0 97230)
75
Therapeutical massages and thermal cure services are to be found under 6.A.h) Medical and Dental services,
6.A.j) 2. Services provided by Nurses, Physiotherapists and Paramedical personnel, and health services (13.A and
13.C).
EN
232
EN
ANNEX XXVII-D
LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND
INDEPENDENT PROFESSIONALS (UNION)
1.
The Parties shall allow the supply of services into their territories by contractual service
suppliers and independent professionals of the other Party through the presence of natural
persons, in accordance with Articles 217 and 218 of this Agreement, for the economic
activities which are listed below, and subject to the relevant limitations.
2.
the first column indicating the sector or sub-sector in which limitations apply; and
(b)
When the column referred to under (b) only includes Member State-specific reservations,
Member States not mentioned therein undertake commitments in the sector concerned
without reservations (the absence of Member State-specific reservations in a given sector
is without prejudice to horizontal reservations or to sectoral Union-broad reservations that
may apply).
The Union does not undertake any commitment for contractual service suppliers and
independent professionals for any sector of economic activity other than those which are
explicitly listed below.
3.
EN
CPC means the Central Products Classification as set out in Statistical Office of
the United Nations, Statistical Papers, Series M, N 77, CPC prov, 1991; and
(b)
CPC ver. 1.0 means the Central Products Classification as set out in Statistical
Office of the United Nations, Statistical Papers, Series M, N 77, CPC ver 1.0,
1998.
4.
5.
The list below does not include measures relating to qualification requirements and
procedures, technical standards and licensing requirements and procedures when they do
not constitute a limitation within the meaning of Articles 217 and 218 of this Agreement.
Those measures (e.g. need to obtain a license, need to obtain recognition of qualifications
in regulated sectors, need to pass specific examinations, including language
examinations, even if not listed below, apply in any case to contractual service suppliers
and independent professionals of the Republic of Moldova.
6.
All other requirements of the laws and regulations of the EU and its Member States
regarding entry, stay, work and social security measures shall continue to apply,
including regulations concerning period of stay, minimum wages as well as collective
wage agreements.
7.
The list below does not include measures concerning subsidies granted by a Party.
233
EN
8.
The list below is without prejudice to the existence of public monopolies or exclusive
rights in the relevant sectors, as set out by the Union in Annex XXVII-A to this
Agreement.
9.
In the sectors where economic needs tests are applied, their main criteria will be the
assessment of the relevant market situation in the Member State of the European Union
or the region where the service is to be provided, including with respect to the number of,
and the impact on, existing services suppliers.
10.
The rights and obligations arising from the list below shall have no self-executing effect
and thus confer no rights directly on natural or juridical persons.
The Parties shall allow the supply of services into their territory by contractual services
suppliers of the other Party through presence of natural persons, subject to the conditions
specified in Article 217(1) of this Agreement, in the following sub-sectors:
1.
Legal services in respect of public international law and foreign law (i.e. non-EU
law)
2.
3.
4.
5.
6.
7.
8.
Advertising
9.
10.
11.
12.
13.
14.
Translation services
15.
16.
Environmental services
17.
18.
Entertainment services
The Parties shall allow the supply of services into their territory by independent professionals of
the other Party through presence of natural persons, subject to the conditions specified in Article
218(2), in the following sub-sectors:
1) Legal services in respect of public international law and foreign law (i.e. non-EU law)
2) Architectural services, urban planning and landscape architecture
3) Engineering and integrated engineering services
EN
234
EN
EN
235
EN
Sector or sub-sector
ALL SECTORS
Description of reservations
Recognition
EU: EU directives on mutual recognition of diplomas only apply
to nationals of EU Member States. The right to practice a
regulated professional service in one Member State does not
grant the right to practice in another Member State. 76
Legal Advisory Services in AT, CY, DE, EE, IE, LU, NL, PL, PT, SE, UK: None.
respect of public international BE, ES, HR, IT, EL: Economic needs test for IP.
law and foreign law (i.e. nonLV: Economic needs test for CSS.
EU law)
BG, CZ, DK, FI, HU, LT, MT, RO, SI, SK: Economic needs
(part of CPC 861)77
tests.
DK: Marketing of legal advice activities is restricted to lawyers
with a Danish licence to practice. Requirement of a Danish
legal examination in order to obtain a Danish licence.
FR: Full (simplified) admission to the Bar through an aptitude
test is required. Lawyers access to the professions of avocat
auprs de la Cour de cassation et avocat auprs du Conseil
dEtat is subject to quotas and to a nationality condition.
HR: Full admission to the Bar required for legal representation
services, is subject to a nationality condition.
Accounting and Bookkeeping BE, CY, DE, EE, ES, IE, IT, LU, NL, PL, PT, SI, SE, UK:
Services
None.
(CPC 86212 other than AT: The employer must be a member of the relevant
auditing
services,
CPC professional body in the home country where such body exists.
86213, CPC 86219 and CPC FR: Authorisation requirement. Provision of accounting and
86220)
bookkeeping services is conditional on a decision of the
Minister of Economics, Finance and Industry, in agreement
with the Minister of Foreign Affairs.
BG, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic
needs test.
HR: Residency requirement.
76
In order for third-country nationals to obtain EU-wide recognition of their qualifications, it is necessary that a
Mutual Recognition Agreement be negotiated within the framework defined in Article 222 of this Agreement.
77
Like the provision of other services, Legal Services are subject to licensing requirements and procedures
applicable in Member States of the European Union. For lawyers providing legal services in respect of public
international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of
home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with
the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or
professional domicile in the host country.
EN
236
EN
Sector or sub-sector
Description of reservations
BE, DE, EE, ES, FR, IE, IT, LU, NL, PL, SI, SE, UK: None.
(CPC 863) 78
Architectural services
EE, EL, FR, IE, LU, MT, NL, PL, PT, SI, SE, UK: None.
and
Urban planning and landscape LV: Economic needs test for CSS.
architectural services
FI: The natural person must demonstrate that (s)he possesses
(CPC 8671 and CPC 8674)
special knowledge relevant to the service being supplied.
BG, CY, CZ, DE, FI, HU, LT, RO, SK: Economic needs test.
AT: Planning services only, where: Economic needs test.
HR, HU, SK: Residence requirement.
Engineering services
EE, EL, FR, IE, LU, MT, NL, PL, PT, SI, SE, UK: None.
and
Computer and Related Services EE, EL, FR, IE, LU, MT, NL, PL, PT, SI, SE: None.
(CPC 84)
Research
and
78
Does not include legal advisory and legal representational services on tax matters, which are to be found under
Legal Advisory Services in respect of public international law and foreign law.
EN
237
EN
Sector or sub-sector
Services
Description of reservations
research organisation is required80.
(CPC 851, 852 excluding CZ, DK, SK: Economic needs test.
psychologists services79, 853)
BE, UK: Unbound.
HR: Residency requirement.
Advertising
BE, CY, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, PT, SI,
SE, UK: None.
(CPC 871)
AT, BG, CZ, DK, FI, HU, LT, LV, MT, RO, SK: Economic
needs test.
Management
Services
Consulting DE, EE, EL, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK:
None.
(CPC 865)
Services
Related
Management Consulting
(CPC 866)
to DE, EE, EL, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK:
None.
BE, ES, HR, IT: Economic needs test for IP.
AT, BG, CY, CZ, FI, LT, RO, SK: Economic needs test.
HU: Economic needs test, except for arbitration and
conciliation services (CPC 86602), where: Unbound.
Technical Testing and Analysis BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE,
Services
UK: None.
(CPC 8676)
AT, BG, CY, CZ, FI, HU, LT, LV, MT, PT, RO, SK:
Economic needs test.
Related
Scientific
and BE, EE, EL, ES, HR, IE, IT, LU, NL, PL, SI, SE, UK: None.
Technical Consulting Services AT, CY, CZ, DE, DK, FI, HU, LT, LV, MT, PT, RO, SK:
(CPC 8675)
Economic needs test.
DE: Unbound for publicly appointed surveyors.
FR: Unbound for surveying operations relating to the
establishment of property rights and to land law where
unbound.
BG: Unbound.
Maintenance and repair of BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI,
vessels
SE: None.
(part of CPC 8868)
AT, BG, CZ, DE, DK, FI, HU, IE, LT, MT, RO, SK:
Economic needs test.
79
Part of CPC 85201, which is to be found under Medical and dental services.
For all Member States except DK, the approval of the research organisation and the hosting agreement
have to meet the conditions set pursuant to Directive No 2005/71/EC.
80
EN
238
EN
Sector or sub-sector
Description of reservations
UK: Unbound.
Maintenance and repair of rail BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT,
transport equipment
SI, SE: None.
(part of CPC 8868)
AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK: Economic
needs test.
UK: Unbound.
Maintenance and repair of BE, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE:
motor vehicles, motorcycles, None.
snowmobiles
and
road AT, BG, CY, CZ, DE, DK, FI, HU, IE, LT, MT, RO, SK:
transport equipment
Economic needs test.
(CPC 6112, CPC 6122, part of UK: Unbound.
CPC 8867 and part of CPC
8868)
Maintenance and repair of BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT,
aircraft and parts thereof
SI, SE: None.
(part of CPC 8868)
AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK: Economic
needs test.
UK: Unbound.
BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI,
SE, UK: None.
AT, BG, CY, CZ, DE, DK, FI, HU, IE, LT, RO, SK:
Economic needs test.
DE, EE, FR, LU, MT, NL, PL, PT, SI, SE, UK: None.
(CPC 87905, excluding official BE, ES, IT, EL: Economic needs test for IP.
or certified activities)
CY, LV: Economic needs test for CSS.
AT, BG, CZ, DK, FI, HU, IE, LT, RO, SK: Economic needs
test.
HR: Unbound for IP.
Site investigation work
(CPC 5111)
BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT,
SI, SE, UK: None.
AT, BG, CY, CZ, FI, HU, LT, LV, RO, SK: Economic needs
test.
81
Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to
be found under Computer services.
EN
239
EN
Sector or sub-sector
Description of reservations
Environmental services
BE, EE, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE,
(CPC 940182, CPC 9402, CPC UK: None.
9403, CPC 940483, part of CPC AT, BG, CY, CZ, DE, DK, EL, FI, HU, LT, LV, RO, SK:
9406084, CPC 9405, part of Economic needs test.
CPC 9406, CPC 9409)
Travel Agencies and Tour AT, CZ, DE, EE, ES, FR, IT, LU, NL, PL, SI, SE: None.
Operators Services (including BG, EL, HU, LT, LV, MT, PT, RO, SK: Economic needs
tour managers85)
test.
(CPC 7471)
BE, CY, DK, FI, IE: Unbound, except for tour managers
(persons whose function is to accompany a tour group of a
minimum of 10 persons, without acting as guides in specific
locations).
HR: Residency requirement.
UK: Unbound.
Entertainment Services other
than
audiovisual
services
(including
Theatre,
Live
Bands, Circus and Discotheque
Services)
(CPC 9619)
BG, CZ, DE, DK, EE, EL, ES, FI, HU, IE, IT, LT, LU, LV,
MT, NL, PL, PT, RO, SK, SE: Advanced qualification86 may
be required. Economic needs test.
AT: Advance qualifications and economic needs test except for
persons whose main professional activity is in the field of fine
arts, deriving the major part of their income from that activity
and subject to the condition that such persons shall not exercise
any other commercial activity in Austria, where: None.SI:
Duration of stay limited to 7 days per event. For circus and
amusement park services duration of stay is limited to a
maximum of 30 days per calendar year.
FR: Unbound for CSS, except if:
- The work permit is delivered for a period not exceeding nine
months renewable for the duration of three months.
- Economic Need Test
- The entertainment enterprise must pay a tax to the Office
Franais de l'Immigration et de l'Intgration.
CY: Economic needs test for Live Bands and Discotheque
Services.
BE, UK: Unbound.
82
EN
240
EN
Sector or sub-sector
Description of reservations
SI: Duration of stay limited to 7 days per event. For circus and
amusement park services duration of stay is limited to a
maximum of 30 days per calendar year.
EN
241
EN
ANNEX XXVII-E
LIST OF RESERVATIONS ON ESTABLISHMENT (REPUBLIC OF MOLDOVA)
1.
The list below indicates the economic activities where reservations to national treatment
or most favoured treatment by the Republic of Moldova pursuant to Article 205(1) of
this Agreement apply to establishments and investors of the Union.
The list is composed of the following elements:
2.
(a)
the first column indicating the sector or subsector in which limitations apply;
(b)
CPC means the Central Products Classification as set out in Statistical Office of
the United Nations, Statistical Papers, Series M, N 77, CPC prov, 1991.
(b)
CPC ver. 1.0 means the Central Products Classification as set out in Statistical
Office of the United Nations, Statistical Papers, Series M, N 77, CPC ver 1.0,
1998.
3.
In accordance with Article 202(1) of this Agreement, the list below does not include
measures concerning subsidies granted by the Parties.
4.
In accordance with Article 205 of this Agreement, non-discriminatory requirements,
such as those concerning the legal form or the obligation to obtain licences or permits applicable
to all providers operating on the territory without distinction based on nationality, residency or
equivalent criteria, are not listed in this Annex as they are not prejudiced by the Agreement.
5.
The rights and obligations arising from the list below shall have no self-executing effect
and thus confer no rights directly on natural or legal persons.
EN
242
EN
Sector or sub-sector
Description of reservations
I. HORIZONTAL
RESERVATIONS
Land
Reservations include all sectors
I. SPECIFIC RESERVATIONS
1. BUSINESS SERVICES
A. Professional Services
EN
243
EN
Sector or sub-sector
Description of reservations
Mediation services can be provided by a person
licensed as a mediator in another state after
certification by the Mediation Board.
Services of authorized bankruptcy administrator can be
provided following one year internship and after
passing the exam in the Commission for certification
and discipline of the Ministry of Justice.
Nationality requirement for public notaries and
bailiffs.
(k) Placement and supply services Services can only be supplied through legal persons
of personnel
incorporated in the Republic of Moldova
(CPC 872);
(l) Investigation and security (CPC
873);
2.
COMMUNICATION
SERVICES
A. Postal Services
(a) International postal services, as Monopoly of the Posta Moldova State Company.
well as internal postal services
related to letters up to 350
EN
244
EN
Sector or sub-sector
Description of reservations
7.
FINANCIAL SERVICES
EN
245
EN
ANNEX XXVII-F
LIST OF COMMITMENTS ON CROSS-BORDER SERVICES
(REPUBLIC OF MOLDOVA)
1.
The list of commitments below indicates the economic activities liberalised by the
Republic of Moldova pursuant to Article 212 of this Agreement and, by means of
reservations, the market access and national treatment limitations that apply to services
and service suppliers of the Union in those activities.
The list is composed of the following elements:
(a)
the first column indicating the sector or subsector in which the commitment is
undertaken;
(b)
Sectors or sub-sectors not mentioned in the list below are not committed.
2.
EN
CPC means the Central Products Classification as set out in Statistical Office of
the United Nations, Statistical Papers, Series M, N 77, CPC prov, 1991.
(b)
CPC ver. 1.0 means the Central Products Classification as set out in Statistical
Office of the United Nations, Statistical Papers, Series M, N 77, CPC ver 1.0,
1998.
3.
The list below does not include measures relating to qualification requirements and
procedures, technical standards and licensing requirements and procedures when they do
not constitute a market access or a national treatment limitation within the meaning of
Articles 210 and 211 of this Agreement. Those measures (e.g. need to obtain a license,
universal service obligations, need to obtain recognition of qualifications in regulated
sectors, need to pass specific examinations, including language examinations, nondiscriminatory requirement that certain activities may not be carried out in
environmental protected zones or areas of particular historic and artistic interest), even if
not listed, apply in any case to investors of the other Party.
4.
The list below is without prejudice to the feasibility of Mode 1 in certain services sectors
and sub-sectors and without prejudice to the existence of public monopolies and
exclusive rights as described in the list of commitments on establishment.
5.
In accordance with Article 202(3) of this Agreement, the list below does not include
measures concerning subsidies granted by the Parties.
6.
The rights and obligations arising from this list of commitments shall have no selfexecuting effect and thus confer no rights directly to individual natural persons or
juridical persons.
246
EN
Sector or sub-sector
Description of reservations
I. SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
Except consultancy on home (1) Unbound, except for drafting of legal documents.
country and international law;
(2) None
(CPC 861)
(b) Accounting,
bookkeeping
(CPC 862);
auditing
and (1) None
services (2) None
services;
(e) Engineering
(CPC 8672);
services;
EN
247
EN
Sector or sub-sector
Description of reservations
(1) None
(2) None
C. Research
Services
and
Development
(a) Research
and development (1) None
services on natural sciences (2) None
(CPC 851);
(b) Research
and development
services on social sciences and
humanities (CPC 852);
(c) Interdisciplinary research and
development services (CPC
853).
EN
248
EN
Sector or sub-sector
Description of reservations
E.
(a) Relating
(CPC 83103);
to
(b) Relating
to
(CPC 83104);
(a) Advertising
(CPC 871);
EN
249
EN
Sector or sub-sector
Description of reservations
services
(CPC 8676);
(f) Services
incidental
to
agriculture, hunting and forestry
(CPC 881);
(g) Services incidental to fishing
(CPC 882);
(h) Services incidental to mining
(CPC 883+5115);
(i) Services
incidental
manufacturing
to
services
EN
publishing
services
250
EN
Sector or sub-sector
Description of reservations
2.
COMMUNICATION
SERVICES
A. Postal Services
B. Courier Services
(1) None
(CPC 7512)
(2) None
C. Telecommunication
Services
(a) Public telephone services;
(CPC 7521);
(1) None
(2) None
EN
services
251
EN
Sector or sub-sector
Description of reservations
paging services,
(CPC 75291),
data
(CPC 75232);
(h) Circuit-switched
transmission
(CPC 7523*);
data
services
(n) On-line
information
and
database retrieval (CPC 7523*);
(o) Electronic data interchange
(EDI) (CPC 7523*);
(p) Enhance/value-added facsimile
services incl. Store and forward,
store and retrieve (CPC 7523*);
(q) Code and protocol conversion
(CPC is not available);
(r) On-line information and/ or data
EN
252
EN
Sector or sub-sector
processing (incl.
processing)
(CPC 843);
Description of reservations
Transaction
(s) Other
telecommunications
services (CPC 7529);
(t) Other (CPC 7549).
3.
CONSTRUCTION
AND
RELATED
ENGINEERING
SERVICES
and
4.
DISTRIBUTION SERVICES
(1) None
(2) None
EN
253
EN
Sector or sub-sector
5.
Description of reservations
EDUCATIONAL SERVICES
(1) None
(2) None
6.
ENVIRONMENTAL
SERVICES
A.
Waste Water Services (CPC (1) None
87
9401)
(2) None
B.
Solid/hazardous waste
management, excluding crossborder transport of hazardous
waste
(a)
Refuse Disposal Services
(CPC 9402)
(b)
C.
Protection of ambient air and
climate
(CPC 9404)88
D.
(a)
Treatment, remediation of
contaminated/polluted soil and
water (part of CPC 94060)89
87
88
EN
254
EN
Sector or sub-sector
E.
F.
(a)
89
EN
Description of reservations
255
EN
Sector or sub-sector
Description of reservations
G.
7.
FINANCIAL SERVICES
EN
256
EN
Sector or sub-sector
Description of reservations
money
Money market
instruments
(cheques, bills, certificates of
deposits, etc.);
foreign exchange;
transferable securities;
EN
257
EN
Sector or sub-sector
Description of reservations
(l)
8.
HOSPITAL AND
HEALTH
AND
FACILITIES
OTHER
CARE
(1) None
services
EN
258
EN
Sector or sub-sector
9.
Description of reservations
(a) Hotels
and
(Including
(CPC 641-643);
Tour
(CPC 7471);
(c) Tourist
guides
(CPC 7472);
services
10. RECREATIONAL,
CULTURAL AND SPORTING
SERVICES
(a) Cinema
theatre
operation (1) Unbound
services
operation
(CPC (2) Unbound
90
96199**) ;
(b) Other entertainment
(CPC 96191+96194);
(c) News
Agency
(CPC 962);
Services
(2) None
90 **
Indicates that the service specified constitutes only part of the total range of activities covered by the CPC
concordance.
EN
259
EN
Sector or sub-sector
Description of reservations
EN
260
EN
Sector or sub-sector
Description of reservations
cabotage services),
c) Rental
of
commercial
vehicles with operators (CPC
7124),
d) Maintenance and repair of
road transport equipment
(CPC 6112 + 8867),
e) Supporting services for road
transport services (CPC 744);
(g) Pipeline transport
(CPC 7131, 7139);
(h) Services auxiliary to all modes
of transport:
a) Cargo handling, storage and
warehousing services (CPC
741, 742),
b) freight transport agency and
other
supporting
and
auxiliary transport services
(CPC 748, 749).
EN
261
EN
ANNEX XXVII-G
LIST OF RESERVATIONS ON KEY PERSONNEL, GRADUATE TRAINEES AND
BUSINESS SELLERS (REPUBLIC OF MOLDOVA)
1.
The reservations below indicate the economic activities liberalised pursuant to Sections 2
and 3 of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of Title
V (Trade and Trade-related Matters) of this Agreement for which limitations on key
personnel and graduate trainees in accordance with Article 215 and on business sellers in
accordance with Article 216 of this Agreement apply and specifies such limitations.
The list below is composed of the following elements:
(a)
the first column indicating the sector or sub-sector in which limitations apply;
and
(b)
The Republic of Moldova does not undertake any commitment for key personnel,
graduate trainees and business sellers in economic activities which are not liberalised
(remain unbound) pursuant to Sections 2 and 3 of Chapter 6 (Establishment, Trade in
Services and Electronic Commerce) of Title V (Trade and Trade-related Matters) of this
Agreement.
2.
EN
CPC means the Central Products Classification as set out in Statistical Office of
the United Nations, Statistical Papers, Series M, N 77, CPC prov, 1991; and
(b)
CPC ver. 1.0 means the Central Products Classification as set out in Statistical
Office of the United Nations, Statistical Papers, Series M, N 77, CPC ver 1.0,
1998.
3.
Commitments on key personnel, graduate trainees, business service sellers and sellers of
goods do not apply in cases where the intent or effect of their temporary presence is to
interfere with, or otherwise affect the outcome of, any labour/management dispute or
negotiation.
4.
The list below does not include measures relating to qualification requirements and
procedures, technical standards and licensing requirements and procedures when they do
not constitute a limitation within the meaning of Articles 215 and 216 of this Agreement.
Those measures (e.g. need to obtain a license, need to obtain recognition of
qualifications in regulated sectors, need to pass specific examinations, including
language examinations), even if not listed below, apply in any case to key personnel,
graduate trainees and business sellers of the Union.
5.
All other requirements of the laws and regulations of the Republic of Moldova regarding
entry, stay, work and social security measures shall continue to apply, including
regulations concerning period of stay, minimum wages as well as collective wage
agreements.
6.
In accordance with Article 202(3) of this Agreement, the list below does not include
measures concerning subsidies granted by a Party.
7.
The list below is without prejudice to the existence of public monopolies and exclusive
rights as described in the list of commitments on establishment.
262
EN
EN
8.
In the sectors where economic needs tests are applied, their main criteria will be the
assessment of the relevant market situation in the Republic of Moldova, including with
respect to the number of, and the impact on, existing services suppliers.
9.
The rights and obligations arising from the list below shall have no self-executing effect
and thus confer no rights directly on natural or juridical persons.
263
EN
Sector or sub-sector
Description of reservations
I. SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
(a) Legal Services:
-
Limited on consultancy on host Legal services related to representation in courts and other
country; (CPC 861)
public authorities can be provided by a legal professional
from a EU member state upon association with a local
lawyer or following 1 year internship to get a licence in the
Republic of Moldova.
Legal advising services, except representation in court and
other authorities, can be provided after prior registration in
special registry of the Council of Bar Association.
Translation and/or interpretation services for the judiciary
can be provided after prior recognition of the authorization
as a sworn interpreter/translator issued in another state, by
the Attestation Commission of the Ministry of Justice.
Mediation services can be provided by a person licensed as
a mediator in another state after certification by the
Mediation Board.
Services of authorized bankruptcy administrator can be
provided following one year internship and after passing
the exam in the Commission for certification and discipline
of the Ministry of Justice.
Nationality requirement for public notaries and bailiffs.
EN
264
EN
Sector or sub-sector
Description of reservations
(j) Services
provided
by Nationality requirements.
midviwes,
nurses,
physiotherapists and paramedical
personnel
(CPC
93191, excluding services
provided within the public
sector)
EN
265
EN
ANNEX XXVII-H
LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND
INDEPENDENT PROFESSIONALS (REPUBLIC OF MOLDOVA)
1.
The Parties shall allow the supply of services into their territories by contractual service
suppliers and independent professionals of the other Party through the presence of
natural persons, in accordance with Articles 217 and 218 of this Agreement, for the
economic activities which are listed below, and subject to the relevant limitations.
2.
the first column indicating the sector or sub-sector in which limitations apply; and
(b)
The Republic of Moldova does not undertake any commitment for contractual service
suppliers and independent professionals for any sector of economic activity other than
those which are explicitly listed below.
3.
EN
CPC means the Central Products Classification as set out in Statistical Office of
the United Nations, Statistical Papers, Series M, N 77, CPC prov, 1991; and
(b)
CPC ver. 1.0 means the Central Products Classification as set out in Statistical
Office of the United Nations, Statistical Papers, Series M, N 77, CPC ver 1.0,
1998.
4.
5.
The list below does not include measures relating to qualification requirements and
procedures, technical standards and licensing requirements and procedures when they do
not constitute a limitation within the meaning of Articles 217 and 218 of this Agreement.
Those measures (e.g. need to obtain a license, need to obtain recognition of
qualifications in regulated sectors, need to pass specific examinations, including
language examinations), even if not listed below, apply in any case to contractual service
suppliers and independent professionals of the Union.
6.
All other requirements of the laws and regulations of the Republic of Moldova regarding
entry, stay, work and social security measures shall continue to apply, including
regulations concerning period of stay, minimum wages as well as collective wage
agreements.
7.
The list below does not include measures concerning subsidies granted by a Party.
8.
The list below is without prejudice to the existence of public monopolies or exclusive
rights in the relevant sectors, as set out by the Republic of Moldova in Annex XXVII-E
to this Agreement.
9.
The rights and obligations arising from the list below shall have no self-executing effect
and thus confer no rights directly on natural or juridical persons.
266
EN
Sector or sub-sector
Description of reservations
I. SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
(a) Legal Services:
-
Except consultancy on home Legal services related to representation in courts and other
country and international law; public authorities can be provided by a legal professional
from a EU member state upon association with a local
(CPC 861)
lawyer or following 1 year internship to get a licence in the
Republic of Moldova.
Legal advising services, except representation in court and
other authorities, can be provided after prior registration in
special registry of the Council of Bar Association.
Translation and/or interpretation services for the judiciary
can be provided after prior recognition of the authorization
as a sworn interpreter/translator issued in another state, by
the Attestation Commission of the Ministry of Justice.
Mediation services can be provided by a person licensed as
a mediator in another state after certification by the
Mediation Board.
Services of authorized bankruptcy administrator can be
provided following one year internship and after passing
the exam in the Commission for certification and discipline
of the Ministry of Justice.
Nationality requirement for public notaries and bailiffs.
EN
267
EN
Sector or sub-sector
Description of reservations
(b) Accounting,
bookkeeping
(CPC 862);
services;
(e) Engineering
(CPC 8672)
services;
B. Computer
Services
and
Related
None
EN
268
EN
Sector or sub-sector
Description of reservations
and
Development
leased None
Rental/leasing
without Operators
(a) Relating
(CPC 83103);
to
(b) Relating
to
(CPC 83104);
Services
ships None
aircraft
EN
269
EN
Sector or sub-sector
83109);
Description of reservations
services None
related
to
consulting
to
and
to
and
security
EN
270
EN
Sector or sub-sector
consulting
services
(CPC
8675);
Description of reservations
services
(p) Photographic
(CPC 875);
services
publishing
(s) Convention
(CPC 87909*);
services
COMMUNICATION
SERVICES
A. Postal Services
(a) International postal services, as None
well as internal postal services
related to letters up to 350
grams; (CPC 7511)
(b) Postal services related
parcels (CPC 75112);
(c)
to
B. Courier Services
None
(CPC 7512)
EN
271
EN
Sector or sub-sector
Description of reservations
C. Telecommunication
Services
None
(CPC 7521);
(b) Analogue cellular
(CPC 75213.1);
services
(c) Digital
cellular
(CPC 75213.2);
services
paging services,
(CPC 75291),
services
data
(CPC 75232);
(h) Circuit-switched
transmission
(CPC 7523*);
data
services
(n) On-line
database
7523*);
EN
information
and
retrieval
(CPC
272
EN
Sector or sub-sector
Description of reservations
CONSTRUCTION
AND
RELATED ENGINEERING
SERVICES
DISTRIBUTION SERVICES
None
(CPC 621);
(b) Wholesale trade services
(CPC 611, 622);
(c) Retailing
EN
services
273
EN
Sector or sub-sector
(CPC 611+631+632+633+
Description of reservations
6111+6113+6121), including
audio and video records and
tapes and optical discs (CPC
63234);
(d) Franchising (CPC 8929);
(e) Other distribution services.
5.
EDUCATIONAL SERVICES
None
(CPC 921) ;
(b) Secondary education services
(CPC 922);
(c) Higher education services
(Part of CPC 923);
(d) Adult Education (CPC924);
(e) Other educational
(CPC 929).
6.
services
ENVIRONMENTAL
SERVICES
A.
Waste Water Services (CPC None
9401)91
B.
Solid/hazardous waste
management, excluding crossborder transport of hazardous
waste
(a)
Refuse Disposal Services
(CPC 9402)
(b)
Sanitation and Similar
Services (CPC 9403)
C.
Protection of ambient air and
climate
(CPC 9404)92
91
92
EN
274
EN
Sector or sub-sector
Description of reservations
D.
93
EN
275
EN
Sector or sub-sector
7.
Description of reservations
FINANCIAL SERVICES
A. Insurance
and
related services
insurance-
health None
(CPC 8121);
(b) Non-life insurance services
(CPC 8129, except marine,
aviation
and
transport
insurance);
(c) Marine, aviation and transport
insurance
(CPC 8129);
(d) Reinsurance and retrocession
(CPC 81299);
(e) Services auxiliary to insurance
(incl. Broking and agency
services)
(CPC 8140).
B.
EN
276
EN
Sector or sub-sector
Description of reservations
EN
277
EN
Sector or sub-sector
research and advice, and
advice on acquisitions and on
corporate restructuring and
strategy (8131 or 8133);
Description of reservations
8.
HOSPITAL AND
HEALTH
AND
FACILITIES
OTHER
CARE
None
services
(a) Hotels
and
(Including
(CPC 641-643);
Restaurants None
Catering)
EN
services
278
EN
Sector or sub-sector
(d) Other tourism
related services.
and
Description of reservations
travel
10. RECREATIONAL,
CULTURAL
AND
SPORTING SERVICES
(a) Cinema
theatre
operation None
services
operation
(CPC
96199**)94;
(b) Other entertainment services
(CPC 96191+96194);
(c) News
Agency
(CPC 962);
Services
Indicates that the service specified constitutes only part of the total range of activities covered by the CPC
concordance.
EN
279
EN
Sector or sub-sector
transport services; (CPC
746*),
Description of reservations
f) Computer
reservation
systems; (CPC 746*);
(d) Space transport
(CPC 733);
(e) Rail transport services (CPC
7111, 7112, 7113, 8868**,
743);
(f) Road transport services
a) Passenger transportation
(CPC 7121+7122),
b) Freight transportation (CPC
7123, for 7123 except
cabotage services),
c) Rental
of
commercial
vehicles with operators
(CPC 7124),
d) Maintenance and repair of
road transport equipment
(CPC 6112 + 8867),
e) Supporting services for road
transport services (CPC
744);
(g) Pipeline transport
(CPC 7131, 7139);
(h) Services auxiliary to all modes
of transport:
a) Cargo handling, storage and
warehousing services (CPC
741, 742),
b) freight transport agency and
other
supporting
and
auxiliary transport services
(CPC 748, 749).
EN
280
EN
ANNEXES
to the
Association Agreement
between the European Union and the European Atomic
Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part
Version: 26/11/2013
EN
EN
APROXIMATION
EN
281
EN
ANNEX XXVIII-A
RULES APPLICABLE TO FINANCIAL SERVICES
The Republic of Moldova undertakes to gradually approximate its legislation to the following
EU legislation and international instruments within the stipulated timeframes.
Directive No 2007/44/EC of the European Parliament and of the Council of 5 September 2007
amending Council Directive No 92/49/EEC and Directives No 2002/83/EC, No 2004/39/EC, No
2005/68/EC and No 2006/48/EC as regards procedural rules and evaluation criteria for the
prudential assessment of acquisitions and increase of holdings in the financial sector
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2002/87/EC of the European Parliament and of the Council of 16 December 2002
on the supplementary supervision of credit institutions, insurance undertakings and investment
firms in a financial conglomerate and amending Council Directives No 73/239/EEC, No
79/267/EEC, No 92/49/EEC, No 92/96/EEC, No 93/6/EEC and No 93/22/EEC, and Directives
No 98/78/EC and No 2000/12/EC of the European Parliament and of the Council
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2006/48/EC of the European Parliament and of the Council of 14 June 2006
relating to the taking up and pursuit of the business of credit institutions (Recast)
The Savings and Credit Associations of the Republic of Moldova shall be treated in the same
way as the institutions listed in Article 2 of this Directive and accordingly be exempt from the
scope of this Directive.
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
EN
282
EN
Directive No 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the
capital adequacy of investment firms and credit institutions (Recast)
Timetable: this Directive's provisions with the exception as set out below shall be implemented
within 3 years of the entry into force of this Agreement.
With regard to institutions other than credit institutions defined in Article 3(1)(a) of this
Directive, the provisions related to the level of required initial capital as set out in Articles 5(1),
5(3), 6, 7(a), 7(b), 7(c), 8(a), 8(b), 8(c) and 9 of this Directive shall be implemented within 10
years of the entry into force of this Agreement.
Directive No 2009/110/EC of the European Parliament and of the Council of 16 September 2009
on the taking up, pursuit and prudential supervision of the business of electronic money
institutions amending Directives No 2005/60/EC and No 2006/48/EC and repealing Directive No
2000/46/EC
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 94/19/EC of the European Parliament and of the Council of 30 May 1994 on
deposit-guarantee schemes
Timetable: this Directive's provisions with the exception of the provision related to the minimum
level of compensation for each depositor set out in Article 7 of this Directive shall be
implemented within 5 years of the entry into force of this Agreement.
The provision related to the minimum level of compensation for each depositor set out in Article
7 of this Directive shall be implemented within 10 years of the entry into force of this
Agreement.
Council Directive No 86/635/EEC of 8 December 1986 on the annual accounts and consolidated
accounts of banks and other financial institutions
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2001/65/EC of the European Parliament and of the Council of 27 September 2001
amending Directives No 78/660/EEC, No 83/349/EEC and No 86/635/EEC as regards the
valuation rules for the annual and consolidated accounts of certain types of companies as well as
of banks and other financial institutions
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
EN
283
EN
Directive No 2003/51/EC of the European Parliament and of the Council of 18 June 2003
amending Directives No 78/660/EEC, No 83/349/EEC, No 86/635/EEC and No 91/674/EEC on
the annual and consolidated accounts of certain types of companies, banks and other financial
institutions and insurance undertakings
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2006/46/EC of the European Parliament and of the Council of 14 June 2006
amending Council Directives No 78/660/EEC on the annual accounts of certain types of
companies, No 83/349/EEC on consolidated accounts, No 86/635/EEC on the annual accounts
and consolidated accounts of banks and other financial institutions and No 91/674/EEC on the
annual accounts and consolidated accounts of insurance undertakings
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the
reorganisation and winding up of credit institutions
Timetable: this Directive's provisions shall be implemented upon entry into force of this
Agreement.
Directive No 2009/138/EC of the European Parliament and of the Council of 25 November 2009
on the taking-up and pursuit of the business of Insurance
Timetable: this Directive's provisions shall be implemented within 7 years of the entry into force
of this Agreement.
Directive No 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on
insurance mediation
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
EN
284
EN
Directive No 2009/103/EC of the European Parliament and of the Council of 16 September 2009
relating to insurance against civil liability in respect of the use of motor vehicles, and the
enforcement of the obligation to insure against such liability (Codified version)
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the
activities and supervision of institutions for occupational retirement provision
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into force
of this Agreement.
Directive No 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on
markets in financial instruments amending Council Directives No 85/611/EEC and No 93/6/EEC
and Directive No 2000/12/EC of the European Parliament and of the Council and repealing
Council Directive No 93/22/EEC
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on
the prospectus to be published when securities are offered to the public or admitted to trading
and amending Directive No 2001/34/EC
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
EN
285
EN
Directive No 2004/109/EC of the European Parliament and of the Council of 15 December 2004
on the harmonisation of transparency requirements in relation to information about issuers whose
securities are admitted to trading on a regulated market and amending Directive No 2001/34/EC
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into force
of this Agreement.
Commission Directive No 2007/14/EC of 8 March 2007 laying down detailed rules for the
implementation of certain provisions of Directive No 2004/109/EC on the harmonisation of
transparency requirements in relation to information about issuers whose securities are admitted
to trading on a regulated market
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into force
of this Agreement.
Directive No 97/9/EC of the European Parliament and of the Council of 3 March 1997 on
investor-compensation schemes
Timetable: this Directive's provisions with the exception of the provision related to the minimum
level of compensation for each investor set out in Article 4 of this Directive shall be
implemented within 5 years of the entry into force of this Agreement.
The provisions of this Directive related to the minimum level of compensation for each investor
set out in article 4 of this Directive shall be implemented within 10 years of the entry into force
of this Agreement.
Directive No 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on
insider dealing and market manipulation (market abuse)
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
EN
286
EN
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September
2009 on Credit Rating Agencies
Timetable: this Regulation's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
Directive of the European Parliament and of the Council No 2009/65/EC on the coordination of
laws, regulations and administrative provisions relating to undertakings for collective investment
in transferable securities (UCITS) (Recast).
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into force
of this Agreement.
EN
287
EN
Directive No 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on
financial collateral arrangements
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 98/26/EC of the European Parliament and of the Council of 19 May 1998 on
settlement finality in payment and securities settlement systems
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2009/44/EC of the European Parliament and the Council of 6 May 2009 amending
Directive No 98/26/EC on settlement finality in payment and securities settlement systems and
Directive No 2002/47/EC on financial collateral arrangements as regards linked systems and
credit claims
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2007/64/EC of the European Parliament and of the Council of 13 November 2007
on payment services in the internal market amending Directives No 97/7/EC, No 2002/65/EC,
No 2005/60/EC and No 2006/48/EC and repealing Directive No 97/5/EC
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into force
of this Agreement.
Directive No 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on
the prevention of the use of the financial system for the purpose of money laundering and
terrorist financing
Timetable: this Directive's provisions shall be implemented within 1 year of the entry into force
of this Agreement.
Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November
2006 on information on the payer accompanying transfers of funds
Timetable: this Regulations provisions shall be implemented within 1 year of the entry into
force of this Agreement.
EN
288
EN
ANNEX XXVIII-B
RULES APPLICABLE TO TELECOMMUNICATION SERVICES
The Republic of Moldova undertakes to gradually approximate its legislation to the following
EU legislation and international instruments within the stipulated timeframes.
Directive No 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a
common regulatory framework for electronic communications networks and services
(Framework Directive) as amended by Directive No 2009/140/EC of the European Parliament
and of the Council of 25 November 2009
The following provisions of this Directive shall apply:
- Strengthen the independence and administrative capacity of the national regulator in the field
of electronic communications;
- Establish public consultation procedures for new regulatory measures;
- Establish effective mechanisms for appeal against the decisions of the national regulator in
the field of electronic communications; and
- Define the relevant product and service markets in the electronic communications sector that
are susceptible to ex ante regulation and analyse those markets with a view to determining
whether significant market power (SMP) exists on them
Timetable: these provisions of this Directive shall be implemented within 1,5 years of the
entry into force of this Agreement.
Directive No 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the
authorisation of electronic communications networks and services (Authorisation Directive), as
amended by Directive No 2009/140/EC of the European Parliament and of the Council of 25
November 2009
The following provisions of this Directive shall apply:
- Implement a regulation providing for general authorisations and restricting the need for
individual licences to specific, duly justified cases
Timetable: these provisions of this Directive shall be implemented within 2 years of the
entry into force of this Agreement.
EN
289
EN
Directive No 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on
access to, and interconnection of, electronic communications networks and associated facilities
(Access Directive), as amended by Directive No 2009/140/EC of the European Parliament and of
the Council of 25 November 2009
Based on the market analysis carried out in accordance with the Framework Directive the
national regulator in the field of electronic communications, shall impose on operators found to
have significant market power (SMP) on the relevant markets, appropriate regulatory obligations
with regard to:
- Access to, and use of, specific network facilities;
- Price controls on access and interconnection charges, including obligations for costorientation; and
- Transparency, non-discrimination and accounting separation
Timetable: these provisions of this Directive shall be implemented within 1,5 year of the
entry into force of this Agreement.
Directive No 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on
universal service and users rights relating to electronic communications networks and services
(Universal Service Directive), as amended by Directive No 2009/136/EC of the European
Parliament and of the Council of 25 November 2009
The following provisions of this Directive shall apply:
- Implement regulation on Universal Service obligations (USO), including the establishment of
mechanisms for costing and financing; and
- Ensure the respect of users' interests and rights, in particular by introducing number
portability and the single European Emergency Call number 112
Timetable: these provisions of this Directive shall be implemented within 3 years of the
entry into force of this Agreement.
Directive No 2002/58/EC of the European Parliament and of the Council of 12 July 2002
concerning the processing of personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic communications) as amended by
Directive No 2009/136/EC of the European Parliament and of the Council of 25 November 2009
The following provisions of this Directive shall apply:
- Implement regulation to ensure protection of fundamental rights and freedoms, and in
particular the right to privacy, with respect to the processing of personal data in the electronic
EN
290
EN
communication sector and ensure the free movement of such data and of electronic
communication equipment and services
Timetable: these provisions of this Directive shall be implemented within 3 years of the
entry into force of this Agreement.
Decision No 676/2002/EC of the European Parliament and of the Council of March 7, 2002 on a
regulatory framework for radio spectrum policy in the European Community
- Adopt a policy and regulation ensuring the harmonised availability and efficient use of the
radio spectrum
Timetable: the measures resulting from the operation of this Decision shall be implemented
within 2 years of the entry into force of this Agreement.
Directive No 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on
radio equipment and telecommunications terminal equipment and the mutual recognition of their
conformity
Timetable: this Directives provisions shall be implemented within 1,5 years of the entry into
force of this Agreement.
Directive No 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on
certain legal aspects of information society services, in particular electronic commerce, in the
Internal Market (Directive on electronic commerce)
The following provisions of this Directive shall apply:
- To enhance development of e-commerce;
- Removes barriers to the cross-border provision of information society services;
- Provides legal security to providers of information society services; and
- Harmonises limitations to liability of service providers acting as intermediaries when
providing mere conduit, caching or hosting, stipulates no general obligation to monitor.
Timetable: these provisions of this Directive shall be implemented within 3 years of the entry
into force of this Agreement.
Directive No 2003/98/EC of the European Parliament and of the Council of 17 November 2003
on the re-use of public sector information
Timetable: this Directives provisions shall be implemented within 2 years of the entry into force
of this Agreement.
EN
291
EN
Directive No 1999/93/EC of the European Parliament and of the Council of 13 December 1999
on a Community framework for electronic signatures
The following provisions of this Directive shall apply:
- Adopt a policy and legislation to create a framework for the use of electronic signatures
ensuring their basic legal recognition and admissibility as evidence in legal proceedings
- Establishment of a mandatory supervision system of certification service providers issuing
qualified certificates
Timetable: these provisions of this Directive shall be implemented within 1 years of the entry
into force of this Agreement.
EN
292
EN
ANNEX XXVIII-C
RULES APPLICABLE TO POSTAL AND COURIER SERVICES
The Republic of Moldova undertakes to gradually approximate its legislation to the following
EU legislation and international instruments within the stipulated timeframes.
Directive No 97/67/EC on common rules for the development of the internal market of
Community postal services and the improvement of quality of service
Timetable: this Directives provisions shall be implemented at the entry into force of this
Agreement.
Directive No 2002/39/EC of 10 June 2002 amending Directive No 97/67/EC with regard to the
further opening to competition of Community postal services
Timetable: this Directives provisions shall be implemented within 5 years of the entry into
force of this Agreement.
Directive No 2008/6/EC of the European Parliament and of the Council of 20 February 2008
amending Directive No 97/67/EC with regard to the full accomplishment of the internal market
of Community postal services
Timetable: this Directives provisions shall be implemented within 7 years of the entry into
force of this Agreement.
EN
293
EN
ANNEX XXVIII-D
RULES APPLICABLE TO INTERNATIONAL MARITIME TRANSPORT
The Republic of Moldova undertakes to gradually approximate its legislation to the following
EU legislation and international instruments within the stipulated timeframes.
Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009
on common rules and standards for ship inspection and survey organisations (Recast)
Timetable: this Regulation's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
Flag State
Directive No 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on
compliance with flag State requirements
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
EN
294
EN
Accident Investigation
Council Directive No 1999/35/EC of the European Parliament and of the Council establishing
the fundamental principles governing the investigation of accidents in the maritime transport
sector
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February
2006 on the implementation of the International Safety Management Code within the
Community and repealing Council Regulation (EC) No 3051/95
Timetable: this Regulation's provisions shall be implemented within 2 years of the entry into
force of this Agreement.
Council Directive No 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the
safe operation of regular ro-ro ferry and high-speed passenger craft services
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
Directive No 2003/25/EC of the European Parliament and of the Council on specific stability
requirements for ro-ro passenger ships
Timetable: this Directive's provisions shall be implemented within 4 years of the entry into
force of this Agreement.
EN
295
EN
Oil tankers
Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February
2002 on the accelerated phasing-in of double hull or equivalent design requirements for single
hull oil tankers and repealing Council Regulation (EC) No 2978/94
The timetable of phasing-out single hull tankers will follow the schedule as specified in the
MARPOL Convention.
Bulk carriers
Directive No 2001/96/EC of the European Parliament and of the Council of 4 December 2001
establishing harmonised requirements and procedures for the safe loading and unloading of bulk
carriers
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Crew
Directive No 2008/106 on the minimum level of training of seafarers (Recast)
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Environment
Directive No 2000/59/EC of the European Parliament and of the Council of 27 November 2000
on port reception facilities for ship-generated waste and cargo residues
Timetable: this Directive's provisions shall be implemented within 5 years of the entry into
force of this Agreement.
Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003
on the prohibition of organotin compounds on ships
Timetable: this Regulation's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Technical conditions
Directive No 2010/65 on reporting formalities for ships arriving in and/or departing from ports
of the Member States of the Community repealed by Directive No 2002/6/EC of the European
Parliament and of the Council of 18 February 2002 valid until 18 May 2012
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
EN
296
EN
Social conditions
Council Directive No 92/29/EEC of 31 March 1992 on the minimum safety and health
requirements for improved medical treatment on board vessels
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Directive No 1999/95/EC of the European Parliament and of the Council of 13 December 1999
concerning the enforcement of provisions in respect of seafarers' hours of work on board ships
calling at Community ports
Timetable: this Directive's provisions shall be implemented within 3 years of the entry into
force of this Agreement.
Maritime security
Directive No 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on
enhancing port security
Timetable: this Directive's provisions (except those concerning Commission inspections) shall
be implemented within 2 years of the entry into force of this Agreement.
Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004
on enhancing ship and port facility security
Timetable: this Regulation's provisions (except those concerning Commission inspections)
shall be implemented within 2 years of the entry into force of this Agreement.
EN
297
EN
ANNEXES
to the
Association Agreement
between the European Union and the European Atomic
Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part
Version: 26/11/20
EN
EN
ANNEX OF TITLE VI
FINANCIAL ASSISTANCE,
AND ANTI-FRAUD AND CONTROL PROVISIONS
EN
562
EN
Convention of 26 July 1995 on the protection of the European Communities' financial interests
The following provisions of this Convention shall apply:
Article 1 General provisions, definitions
Article 2(1) by taking the necessary measures to ensure that the conduct referred to in Article
1, and participating in, instigating, or attempting the conduct referred to in Article 1(1), are
punishable by effective, proportionate and dissuasive criminal penalties.
Article 3 Criminal liability of heads of businesses
Timetable: these provisions of this Convention shall be implemented within 3 years of
the entry into force of this Agreement.
Protocol to the Convention on the protection of the European Communities' financial interests
The following provisions of this Protocol shall apply:
Article 1(1)(c) and Article 1(2) Relevant definitions
Article 2 Passive corruption
Article 3 Active corruption
Article 5 (1) by taking the necessary measures to ensure that the conduct referred to in
Articles 2 and 3, and participating in and instigating the conduct in question, are punishable
by effective, proportionate and dissuasive criminal penalties.
Article 7 as far as it refers to Article 3 of the Convention
Timetable: these provisions of this Protocol shall be implemented within 3 years of the
entry into force of this Agreement.
EN
563
EN
Second Protocol to the Convention on the protection of the European Communities' financial
interests
The following provisions of this Protocol shall apply:
Article 1 Definition
Article 2 Money laundering
Article 3 Liability of legal persons
Article 4 Sanctions for legal persons
Article 12 as far as it refers to Article 3 of the Convention
Timetable: these provisions of this Protocol shall be implemented within 3 years of the
entry into force of this Agreement.
EN
564
EN
PROTOCOLS
to the
Association Agreement
between the European Union and the European Atomic
Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part
Version: 26/11/2013
EN
EN
PROTOCOL TO TITLE IV
ECONOMIC AND OTHER SECTOR COOPERATION
EN
EN
EN
EN
Article 6
In accordance with the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of the European Communities, each
Memorandum of Understanding concluded pursuant to Article 5 shall stipulate that financial
control or audits or other verifications, including administrative investigations, will be carried
out by, or under the authority of, the Commission, the European Court of Auditors and the
European Anti-Fraud Office.
Detailed provisions shall be made on financial control and auditing, administrative measures,
penalties and recovery enabling the Commission, the European Anti-Fraud Office and the Court
of Auditors to be granted powers equivalent to their powers with regard to beneficiaries or
contractors established in the Union.
Article 7
This Protocol shall apply for the period for which this Agreement is in force.
Either Party may denounce this Protocol by written notification to the other Party. This Protocol
shall terminate six months after the date of such notification.
Termination of the Protocol following denunciation by any of the Parties shall have no influence
on the checks and controls to be carried out in accordance with the provisions laid down in
Articles 5 and 6 where appropriate.
Article 8
No later than 3 years after the date of entry into force of this Protocol, and every 3 years
thereafter, both Parties may review the implementation of this Protocol on the basis of the actual
participation of the Republic of Moldova in Union programmes.
EN
EN
PROTOCOLS
to the
Association Agreement
between the European Union and the European
Atomic Energy Community and their Member States,
of the one part, and the Republic of Moldova, of the
other part
Version: 26/11/2013
EN
EN
PROTOCOLS TO TITLE V
TRADE AND TRADE-RELATED MATTERS
EN
EN
Definitions
TITLE II
DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"
Article 2
General requirements
Article 3
Cumulation of origin
Article 4
Article 5
Article 6
Article 7
Unit of qualification
Article 8
Article 9
Sets
Article 10
Neutral elements
TITLE III
TERRITORIAL REQUIREMENTS
Article 11
Principle of territoriality
Article 12
Direct transport
Article 13
Exhibitions
TITLE IV
DRAWBACK OR EXEMPTION
Article 14
TITLE V
PROOF OF ORIGIN
Article 15
EN
General requirements
EN
Article 16
Article 17
Article 18
Article 19
Article 20
Accounting segregation
Article 21
Article 22
Approved exporter
Article 23
Article 24
Article 25
Importation by instalments
Article 26
Article 27
Supporting documents
Article 28
Article 29
Article 30
TITLE VI
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 31
Administrative cooperation
Article 32
Article 33
Dispute settlement
Article 34
Penalties
Article 35
Free zones
TITLE VII
CEUTA AND MELILLA
Article 36
Article 37
Special conditions
TITLE VIII
FINAL PROVISIONS
EN
Article 38
Article 39
EN
List of Annexes
Annex I:
Annex II:
List of working or processing required to be carried out on nonoriginating materials in order for the product manufactured to obtain
originating status
Annex III:
Annex IV:
Joint Declarations
Joint declaration concerning the Principality of Andorra
Joint declaration concerning the Republic of San Marino
Joint declaration concerning the revision of the rules of origin contained in Protocol
EN
EN
TITLE I
GENERAL PROVISIONS
ARTICLE 1
Definitions
For the purposes of this Protocol:
EN
(a)
(b)
"material" means any ingredient, raw material, component or part, etc., used in
the manufacture of a product;
(c)
(d)
(e)
(f)
"ex-works price" means the price paid for the product ex works to the
manufacturer in the Party in whose undertaking the last working or processing
is carried out, provided the price includes the value of all the materials used,
minus any internal taxes which are, or may be, repaid when the product
obtained is exported;
(g)
"value of materials" means the customs value at the time of importation of the
non-originating materials used, or, if this is not known and cannot be
ascertained, the first ascertainable price paid for the materials in the exporting
Party;
(h)
(i)
"value added" means the ex-works price minus the customs value of each of
the materials incorporated which originate in the other Parties with which
cumulation is applicable or, where the customs value is not known or cannot
be ascertained, the first ascertainable price paid for the materials in the
exporting Party;
(j)
"chapters" and "headings" mean the chapters and the headings (four-digit
codes) used in the nomenclature which makes up the Harmonised Commodity
Description and Coding System, referred to in this Protocol as "the
Harmonised System" or "HS";
(k)
(l)
"consignment" means products which are either sent simultaneously from one
exporter to one consignee or covered by a single transport document covering
their shipment from the exporter to the consignee or, in the absence of such a
document, by a single invoice;
(m)
EN
(n)
"Party" refers to one, several or all of the Member States of the European
Union, the European Union or the Republic of Moldova.
(m)
customs authorities of the Contracting Party for the European Union means
any of the customs authorities of the Member States of the European Union.
TITLE II
DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"
ARTICLE 2
General requirements
For the purpose of implementing this Agreement, the following products shall be
considered as originating in a Party:
(a)
(b)
products obtained in a Party incorporating materials which have not been
wholly obtained there, provided that such materials have undergone sufficient
working or processing in the Party concerned within the meaning of Article 5.
ARTICLE 3
Cumulation of origin
Notwithstanding Article 2, products shall be considered as originating in a Party if
such products are obtained there by incorporating materials originating in the other
Party, provided that the working or processing carried out goes beyond the operations
referred to in Article 6 while it shall not be necessary that the materials of the other
Party have undergone sufficient working or processing.
ARTICLE 4
Wholly obtained products
1.
(a)
(b)
(c)
(d)
(e)
(f)
products of sea fishing and other products taken from the sea outside the
territorial waters of the exporting Party by its vessels;
(g)
(f);
products made aboard its factory ships exclusively from products referred to in
(h)
used articles collected there fit only for the recovery of raw materials,
including used tyres fit only for retreading or for use as waste;
(i)
(j)
products extracted from marine soil or subsoil outside its territorial waters
provided that it has sole rights to work that soil or subsoil;
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EN
(k)
goods produced there exclusively from the products specified in (a) to (j).
2.
The terms "its vessels" and "its factory ships" in paragraph 1(f) and (g) shall
apply only to vessels and factory ships:
(a)
which are registered or recorded in a Member State of the European Union or
in the Republic of Moldova;
(b)
which sail under the flag of a Member State of the European Union or of the
Republic of Moldova;
(c)
which are owned to an extent of at least 50 % by nationals of a Member State
of the European Union or of the Republic of Moldova, or by a company with its head
office in a Member State of the European Union or of the Republic of Moldova, of
which the manager or managers, Chairman of the Board of Directors or the
Supervisory Board, and the majority of the members of such boards are nationals of a
Member State of the European Union or of the Republic of Moldova and of which, in
addition, in the case of partnerships or limited companies, at least half the capital
belongs to a Member State of the European Union or of the Republic of Moldova or
to public bodies or nationals of the said Party;
(d)
of which the master and officers are nationals of a Member State of the
European Union or of the Republic of Moldova; and
(e)
of which at least 75 % of the crew are nationals of a Member State of the
European Union or of the Republic of Moldova
ARTICLE 5
Sufficiently worked or processed products
1.
For the purposes of Article 2, products which are not wholly obtained shall be
considered to be sufficiently worked or processed when the conditions set out in the
list in Annex II to this Protocol are fulfilled.
The conditions referred to above indicate the working or processing which must be
carried out on non-originating materials used in manufacturing and apply only in
relation to such materials. It follows that if a product which has acquired originating
status by fulfilling the conditions set out in the list is used in the manufacture of
another product, the conditions applicable to the product in which it is incorporated do
not apply to it, and no account shall be taken of the non-originating materials which
may have been used in its manufacture.
2.
Notwithstanding paragraph 1, non-originating materials which, according to
the conditions set out in the list in Annex II to this Protocol, should not be used in the
manufacture of a product may nevertheless be used, provided that:
(a)
their total value does not exceed 10 % of the ex-works price of the product;
(b)
any of the percentages given in the list for the maximum value of
non-originating materials are not exceeded by virtue of this paragraph.
This paragraph shall not apply to products falling within Chapters 50 to 63 of the
Harmonised System.
3.
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EN
ARTICLE 6
Insufficient working or processing
1.
Without prejudice to paragraph 2, the following operations shall be considered
as insufficient working or processing to confer the status of originating products,
whether or not the requirements of Article 5 are satisfied:
(a)
preserving operations to ensure that the products remain in good condition
during transport and storage;
(b)
(c)
(d)
(e)
(f)
husking, partial or total bleaching, polishing, and glazing of cereals and rice;
(g)
(h)
(i)
(j)
sifting, screening, sorting, classifying, grading, matching; (including the
making-up of sets of articles);
(k)
simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or
boards and all other simple packaging operations;
(l)
affixing or printing marks, labels, logos and other like distinguishing signs on
products or their packaging;
(m)
(n)
(o)
simple assembly of parts of articles to constitute a complete article or
disassembly of products into parts;
(p)
(q)
slaughter of animals.
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EN
(a)
when a product composed of a group or assembly of articles is classified under
the terms of the Harmonised System in a single heading, the whole constitutes the unit
of qualification;
(b)
when a consignment consists of a number of identical products classified
under the same heading of the Harmonised System, each product must be taken
individually when applying the provisions of this Protocol.
2.
Where, under General Rule 5 of the Harmonised System, packaging is
included with the product for classification purposes, it shall be included for the
purposes of determining origin.
ARTICLE 8
Accessories, spare parts and tools
Accessories, spare parts and tools dispatched with a piece of equipment, machine,
apparatus or vehicle, which are part of the normal equipment and included in the price
thereof or which are not separately invoiced, shall be regarded as one with the piece
of equipment, machine, apparatus or vehicle in question.
ARTICLE 9
Sets
Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as
originating when all component products are originating. Nevertheless, when a set is
composed of originating and non-originating products, the set as a whole shall be
regarded as originating, provided that the value of the non-originating products does
not exceed 15 % of the ex-works price of the set.
ARTICLE 10
Neutral elements
In order to determine whether a product is an originating product, it shall not be
necessary to determine the origin of the following which might be used in its
manufacture:
(a)
(b)
(c)
(d)
goods which neither enter into the final composition of the product nor are
intended to do so.
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EN
TITLE III
TERRITORIAL REQUIREMENTS
ARTICLE 11
Principle of territoriality
1.
Except as provided for in Article 3 and paragraph 3 of this Article the
conditions for acquiring originating status set out in Title II shall be fulfilled without
interruption in a Party.
2.
Except as provided for in Article 3, where originating goods exported from a
Party to another country return, they shall be considered as non-originating, unless it
can be demonstrated to the satisfaction of the customs authorities that:
(a)
(b)
they have not undergone any operation beyond that necessary to preserve them
in good condition while in that country or while being exported.
3. The acquisition of originating status in accordance with the conditions set out in
Title II shall not be affected by working or processing done outside a Party on
materials exported from the Party and subsequently reimported there, provided:
(a) the said materials are wholly obtained in the Party or have undergone working or
processing beyond the operations referred to in Article 6 prior to being exported;
and
(b) it can be demonstrated to the satisfaction of the customs authorities that:
(i) the re-imported goods have been obtained by working or processing the exported
materials;
and
ii) the total added value acquired outside the Party by applying the provisions of this
Article does not exceed 10 % of the ex-works price of the end-product for which
originating status is claimed.
4. For the purposes of paragraph 3, the conditions for acquiring originating status set
out in Title II shall not apply to working or processing done outside a Party. But
where, in the list in Annex II to this Protocol, a rule setting a maximum value for all
the non-originating materials incorporated is applied in determining the originating
status of the end-product, the total value of the non-originating materials incorporated
in the territory of the party concerned, taken together with the total added value
acquired outside the Party by applying the provisions of this Article, shall not exceed
the stated percentage.
5. For the purposes of applying the provisions of paragraphs 3 and 4, total added
value shall be taken to mean all costs arising outside a Party, including the value of
the materials incorporated there.
6. The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfil
the conditions set out in the list in Annex II or which can be considered sufficiently
worked or processed only if the general tolerance fixed in Article 5(2) is applied.
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EN
(i)
(ii)
stating the dates of unloading and reloading of the products and, where
applicable, the names of the ships, or the other means of transport used; and
(iii) certifying the conditions under which the products remained in the transit
country; or
(c)
1.
Originating products, sent for exhibition in a country other than a Party and
sold after the exhibition for importation in a Party, shall benefit on importation from
the provisions of the relevant Agreement provided it is shown to the satisfaction of the
customs authorities that:
(a)
an exporter has consigned these products from a Party to the country in which
the exhibition is held and has exhibited them there;
(b)
the products have been sold or otherwise disposed of by that exporter to a
person in a Party;
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EN
(c)
the products have been consigned during the exhibition or immediately
thereafter in the state in which they were sent for exhibition; and
(d)
the products have not, since they were consigned for exhibition, been used for
any purpose other than demonstration at the exhibition.
2.
A proof of origin shall be issued or made out in accordance with the
provisions of Title V and submitted to the customs authorities of the importing Party
in the normal manner. The name and address of the exhibition shall be indicated
thereon. Where necessary, additional documentary evidence of the conditions under
which they have been exhibited may be required.
3.
Paragraph 1 shall apply to any trade, industrial, agricultural or crafts
exhibition, fair or similar public show or display which is not organised for private
purposes in shops or business premises with a view to the sale of foreign products,
and during which the products remain under customs control.
TITLE IV
DRAWBACK OR EXEMPTION
ARTICLE 14
Prohibition of drawback of, or exemption from, customs duties
1.
Non-originating materials used in the manufacture of products originating in a
Party for which a proof of origin is issued or made out in accordance with the
provisions of Title V shall not be subject in the Party to drawback of, or exemption
from, customs duties of whatever kind.
2.
The prohibition in paragraph 1 shall apply to any arrangement for refund,
remission or non-payment, partial or complete, of customs duties or charges having an
equivalent effect, applicable in a Party to materials used in the manufacture, where
such refund, remission or non-payment applies, expressly or in effect, when products
obtained from the said materials are exported and not when they are retained for home
use there.
3.
The exporter of products covered by a proof of origin shall be prepared to
submit at any time, upon request from the customs authorities, all appropriate
documents proving that no drawback has been obtained in respect of the nonoriginating materials used in the manufacture of the products concerned and that all
customs duties or charges having equivalent effect applicable to such materials have
actually been paid.
4.
The provisions of paragraphs 1, 2 and 3 of this Article shall also apply in
respect of packaging within the meaning of Article 7(2), accessories, spare parts and
tools within the meaning of Article 8 and products in a set within the meaning of
Article 9 when such items are non-originating.
5.
The provisions of paragraphs 1 to 4 shall apply only in respect of materials
which are of the kind to which this Protocol applies.
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EN
TITLE V
PROOF OF ORIGIN
ARTICLE 15
General requirements
1.
Products originating in a Party shall, on importation into the other Party,
benefit from the provisions of the relevant Agreements upon submission of one of the
following proofs of origin:
(a)
a movement certificate EUR.1, a specimen of which appears in Annex III to
this Protocol;
(b)
in the cases specified in Article 21(1), a declaration (hereinafter referred to as
the "origin declaration") given by the exporter on an invoice, a delivery note or any
other commercial document which describes the products concerned in sufficient
detail to enable them to be identified. The text of the origin declaration appears in
Annex IV to this Protocol.
2.
Notwithstanding paragraph 1, originating products within the meaning of this
Protocol shall, in the cases specified in Article 26, benefit from the provisions of this
Agreements without it being necessary to submit any of the proofs of origin referred
to in paragraph 1 of this Article.
ARTICLE 16
Procedure for the issue of a movement certificate EUR.1
1.
A movement certificate EUR.1 shall be issued by the customs authorities of
the exporting Party on application having been made in writing by the exporter or,
under the exporter's responsibility, by his authorised representative.
2.
For this purpose, the exporter or his authorised representative shall fill in both
the movement certificate EUR.1 and the application form, specimens of which appear
in the Annex III to this Protocol. These forms shall be completed in one of the
languages in which the relevant Agreement is drawn up and in accordance with the
provisions of the national law of the exporting country. If the completion of the forms
is done in handwriting, they shall be completed in ink in printed characters. The
description of the products shall be given in the box reserved for this purpose without
leaving any blank lines. Where the box is not completely filled, a horizontal line shall
be drawn below the last line of the description, the empty space being crossed
through.
3.
The exporter applying for the issue of a movement certificate EUR.1 shall be
prepared to submit at any time, at the request of the customs authorities of the
exporting Party where the movement certificate EUR.1 is issued, all appropriate
documents proving the originating status of the products concerned as well as the
fulfilment of the other requirements of this Protocol.
4. Without prejudice to paragraph 5, a movement certificate EUR.1 shall be issued
by the customs authorities of a Member State of the European Union or of the
Republic of Moldova if the products concerned can be considered as products
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EN
originating in the European Union or in the Republic of Moldova and fulfil the other
requirements of this Protocol.
5.
The customs authorities issuing movement certificates EUR.1 shall take any
steps necessary to verify the originating status of the products and the fulfilment of
the other requirements of this Protocol. For this purpose, they shall have the right to
call for any evidence and to carry out any inspection of the exporter's accounts or any
other check considered appropriate. They shall also ensure that the forms referred to
in paragraph 2 are duly completed. In particular, they shall check whether the space
reserved for the description of the products has been completed in such a manner as to
exclude all possibility of fraudulent additions.
6.
The date of issue of the movement certificate EUR.1 shall be indicated in
Box 11 of the certificate.
7.
A movement certificate EUR.1 shall be issued by the customs authorities and
made available to the exporter as soon as actual exportation has been effected or
ensured.
ARTICLE 17
Movement certificates EUR.1 issued retrospectively
1.
Notwithstanding Article 16(7), a movement certificate EUR.1 may
exceptionally be issued after exportation of the products to which it relates if:
(a)
it was not issued at the time of exportation because of errors or involuntary
omissions or special circumstances; or
(b)
it is demonstrated to the satisfaction of the customs authorities that a
movement certificate EUR.1 was issued but was not accepted at importation for
technical reasons.
2.
For the implementation of paragraph 1, the exporter shall indicate in his
application the place and date of exportation of the products to which the movement
certificate EUR.1 relates, and state the reasons for his request.
3.
The customs authorities may issue a movement certificate EUR.1
retrospectively only after verifying that the information supplied in the exporter's
application complies with that in the corresponding file.
4.
Movement certificates EUR.1 issued retrospectively shall be endorsed with the
following phrase in English:
"ISSUED RETROSPECTIVELY"
5.
The endorsement referred to in paragraph 4 shall be inserted in Box 7 of the
movement certificate EUR.1.
ARTICLE 18
Issue of a duplicate movement certificate EUR.1
1.
In the event of theft, loss or destruction of a movement certificate EUR.1, the
exporter may apply to the customs authorities which issued it for a duplicate made out
on the basis of the export documents in their possession.
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2.
The duplicate issued in this way shall be endorsed with the following word
in English:
"DUPLICATE"
3.
The endorsement referred to in paragraph 2 shall be inserted in Box 7 of the
duplicate movement certificate EUR.1.
4.
The duplicate, which shall bear the date of issue of the original movement
certificate EUR.1, shall take effect as from that date.
ARTICLE 19
Issue of movement certificates EUR.1 on the basis of a proof of origin issued or
made out previously
When originating products are placed under the control of a customs office in a Party,
it shall be possible to replace the original proof of origin by one or more movement
certificates EUR.1 for the purpose of sending all or some of these products elsewhere
within that Party. The replacement movement certificate(s) EUR.1 shall be issued by
the customs office under whose control the products are placed.
ARTICLE 20
Accounting segregation
1.
Where considerable cost or material difficulties arise in keeping separate
stocks of originating and non-originating materials which are identical and
interchangeable, the customs authorities may, at the written request of those
concerned, authorise the so-called "accounting segregation" method (hereinafter
referred to as the "method") to be used for managing such stocks.
2.
The method shall ensure that, for a specific reference period, the number of
products obtained which could be considered as "originating" is the same as that
which would have been obtained had there been physical segregation of the stocks.
3.
The customs authorities may make the grant of authorisation referred to in
paragraph 1 subject to any conditions deemed appropriate.
4.
The method shall be applied and the application thereof shall be recorded on
the basis of the general accounting principles applicable in the country where the
product was manufactured.
5.
The beneficiary of the method may make out or apply for proofs of origin, as
the case may be, for the quantity of products which may be considered as originating.
At the request of the customs authorities, the beneficiary shall provide a statement of
how the quantities have been managed.
6.
The customs authorities shall monitor the use made of the authorisation and
may withdraw it whenever the beneficiary makes improper use of the authorisation in
any manner whatsoever or fails to fulfil any of the other conditions laid down in this
Protocol.
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ARTICLE 21
Conditions for making out an origin declaration
1.
(a)
(b)
by any exporter for any consignment consisting of one or more packages
containing originating products the total value of which does not exceed EUR 6 000.
2.
Without prejudice to paragraph 3, an origin declaration may be made out if the
products concerned can be considered as products originating in the European Union
or in the Republic of Moldova and fulfil the other requirements of this Protocol.
3.
The exporter making out an origin declaration shall be prepared to submit at
any time, at the request of the customs authorities of the exporting Party, all
appropriate documents proving the originating status of the products concerned as
well as the fulfilment of the other requirements of this Protocol.
4.
An origin declaration shall be made out by the exporter by typing, stamping or
printing on the invoice, the delivery note or another commercial document, the
declaration, the text of which appears in Annex IV, using one of the linguistic
versions set out in that Annex and in accordance with the provisions of the national
law of the exporting country. If the declaration is handwritten, it shall be written in
ink in printed characters.
5.
Origin declarations shall bear the original signature of the exporter in
manuscript. However, an approved exporter within the meaning of Article 22 shall not
be required to sign such declarations provided that he gives the customs authorities of
the exporting Party a written undertaking that he accepts full responsibility for any
origin declaration which identifies him as if it had been signed in manuscript by him.
6.
An origin declaration may be made out by the exporter when the products to
which it relates are exported, or after exportation on condition that it is presented in
the importing country at the latest two years after the importation of the products to
which it relates.
ARTICLE 22
Approved exporter
1.
The customs authorities of the exporting Party may authorise any exporter
(hereinafter referred to as "approved exporter"), who makes frequent shipments of
products in accordance to the provisions of this Protocol to make out origin
declarations irrespective of the value of the products concerned. An exporter seeking
such authorisation shall offer to the satisfaction of the customs authorities all
guarantees necessary to verify the originating status of the products as well as the
fulfilment of the other requirements of this Protocol.
2.
The customs authorities may grant the status of approved exporter subject to
any conditions which they consider appropriate.
3.
The customs authorities shall grant to the approved exporter a customs
authorisation number which shall appear on the origin declaration.
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4.
The customs authorities shall monitor the use of the authorisation by the
approved exporter.
5.
The customs authorities may withdraw the authorisation at any time. They
shall do so where the approved exporter no longer offers the guarantees referred to in
paragraph 1, no longer fulfils the conditions referred to in paragraph 2 or otherwise
makes an incorrect use of the authorisation.
ARTICLE 23
Validity of proof of origin
1.
A proof of origin shall be valid for four months from the date of issue in the
exporting Party, and shall be submitted within that period to the customs authorities of
the importing Party.
2.
Proofs of origin which are submitted to the customs authorities of the
importing Party after the final date for presentation specified in paragraph 1 may be
accepted for the purpose of applying preferential treatment, where the failure to
submit these documents by the final date set is due to exceptional circumstances.
3.
In other cases of belated presentation, the customs authorities of the importing
Party may accept the proofs of origin where the products have been submitted before
the said final date.
ARTICLE 24
Submission of proof of origin
Proofs of origin shall be submitted to the customs authorities of the importing Party in
accordance with the procedures applicable in that country. The said authorities may
require a translation of a proof of origin and may also require the import declaration to
be accompanied by a statement from the importer to the effect that the products meet
the conditions required for the implementation of the relevant Agreement.
ARTICLE 25
Importation by instalments
Where, at the request of the importer and subject to the conditions laid down by the
customs authorities of the importing Party, dismantled or non-assembled products
within the meaning of General Rule 2(a) of the Harmonised System falling within
Sections XVI and XVII or headings 7308 and 9406 of the Harmonised System are
imported by instalments, a single proof of origin for such products shall be submitted
to the customs authorities upon importation of the first instalment.
ARTICLE 26
Exemptions from proof of origin
1.
Products sent as small packages from private persons to private persons or
forming part of travellers' personal luggage shall be admitted as originating products
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21
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without requiring the submission of a proof of origin, provided that such products are
not imported by way of trade and have been declared as meeting the requirements of
this Protocol and where there is no doubt as to the veracity of such a declaration. In
the case of products sent by post, that declaration may be made on the customs
declaration CN22/CN23 or on a sheet of paper annexed to that document.
2.
Imports which are occasional and consist solely of products for the personal
use of the recipients or travellers or their families shall not be considered as imports
by way of trade if it is evident from the nature and quantity of the products that no
commercial purpose is in view.
3.
Furthermore, the total value of these products shall not exceed EUR 500 in the
case of small packages or EUR 1 200 in the case of products forming part of
travellers' personal luggage.
ARTICLE 27
Supporting documents
The documents referred to in Articles 16(3) and 21(3) used for the purpose of proving
that products covered by a movement certificate EUR.1 or an origin declaration may
be considered as products originating in a Party and fulfil the other requirements of
this Protocol may consist inter alia of the following:
(1)
direct evidence of the processes carried out by the exporter or supplier to
obtain the goods concerned, contained for example in his accounts or internal
bookkeeping;
(2)
documents proving the originating status of materials used, issued or made out
in the relevant Party where these documents are used in accordance with national law;
(3)
documents proving the working or processing of materials in the relevant
Party, issued or made out in the relevant Party, where these documents are used in
accordance with national law;
(4)
movement certificates EUR.1 or origin declarations proving the originating
status of materials used, issued or made out in the relevant Party in accordance with
this Protocol;
(5)
appropriate evidence concerning working or processing undergone outside the
relevant Party by application of Article 11, proving that the requirements of that
Article have been satisfied.
ARTICLE 28
Preservation of proof of origin and supporting documents
1.
The exporter applying for the issue of a movement certificate EUR.1 shall
keep for at least three years the documents referred to in Article 16(3).
2.
The exporter making out an origin declaration shall keep for at least three
years a copy of this origin declaration as well as the documents referred to in Article
21(3).
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3.
The customs authorities of the exporting Party issuing a movement certificate
EUR.1 shall keep for at least three years the application form referred to in
Article 16(2).
4.
The customs authorities of the importing Party shall keep for at least three
years the movement certificates EUR.1 and the origin declarations submitted to them.
ARTICLE 29
Discrepancies and formal errors
1.
The discovery of slight discrepancies between the statements made in the
proof of origin and those made in the documents submitted to the customs office for
the purpose of carrying out the formalities for importing the products shall not ipso
facto render the proof of origin null and void if it is duly established that this
document does correspond to the products submitted.
2.
Obvious formal errors such as typing errors on a proof of origin shall not
cause this document to be rejected if these errors are not such as to create doubts
concerning the correctness of the statements made in this document.
ARTICLE 30
Amounts expressed in euro
1.
For the application of the provisions of Article 21(1)(b) and Article 26(3) in
cases where products are invoiced in a currency other than euro, amounts in the
national currencies of the Parties equivalent to the amounts expressed in euro shall be
fixed annually by each of the countries concerned.
2.
A consignment shall benefit from the provisions of Article 21(1)(b) or Article
26(3) by reference to the currency in which the invoice is drawn up, according to the
amount fixed by the country concerned.
3.
The amounts to be used in any given national currency shall be the equivalent
in that currency of the amounts expressed in euro as at the first working day of
October. The amounts shall be communicated to the European Commission by 15
October and shall apply from 1 January the following year. The European
Commission shall notify all countries concerned of the relevant amounts.
4.
A country may round up or down the amount resulting from the conversion
into its national currency of an amount expressed in euro. The rounded-off amount
may not differ from the amount resulting from the conversion by more than 5 %. A
country may retain unchanged its national currency equivalent of an amount
expressed in euro if, at the time of the annual adjustment provided for in paragraph 3,
the conversion of that amount, prior to any rounding-off, results in an increase of less
than 15 % in the national currency equivalent. The national currency equivalent may
be retained unchanged if the conversion were to result in a decrease in that equivalent
value.
5.
The amounts expressed in euro shall be reviewed by the Customs SubCommittee at the request of any Party. When carrying out this review, the Customs
Sub-Committee shall consider the desirability of preserving the effects of the limits
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23
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concerned in real terms. For this purpose, it may decide to modify the amounts
expressed in euro.
TITLE VI
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
ARTICLE 31
Administrative cooperation
1.
The customs authorities of the Parties shall provide each other, through the
European Commission, with specimen impressions of stamps used in their customs
offices for the issue of movement certificates EUR.1, and with the addresses of the
customs authorities responsible for verifying those certificates and origin declarations.
2.
In order to ensure the proper application of this Protocol, the Parties shall
assist each other, through the competent customs administrations, in checking the
authenticity of the movement certificates EUR.1, the origin declarations and the
correctness of the information given in these documents.
ARTICLE 32
Verification of proofs of origin
1.
Subsequent verifications of proofs of origin shall be carried out at random or
whenever the customs authorities of the importing Party have reasonable doubts as to
the authenticity of such documents, the originating status of the products concerned or
the fulfilment of the other requirements of this Protocol.
2.
For the purposes of implementing the provisions of paragraph 1, the customs
authorities of the importing Party shall return the movement certificate EUR.1 and the
invoice, if it has been submitted, the origin declaration, or a copy of these documents,
to the customs authorities of the exporting Party giving, where appropriate, the
reasons for the request for verification. Any documents and information obtained
suggesting that the information given on the proof of origin is incorrect shall be
forwarded in support of the request for verification.
3.
The verification shall be carried out by the customs authorities of the
exporting Party. For this purpose, they shall have the right to call for any evidence and
to carry out any inspection of the exporter's accounts or any other check considered
appropriate.
4.
If the customs authorities of the importing Party decide to suspend the
granting of preferential treatment to the products concerned while awaiting the results
of the verification, release of the products shall be offered to the importer subject to
any precautionary measures judged necessary.
5.
The customs authorities requesting the verification shall be informed of the
results thereof as soon as possible. These results shall indicate clearly whether the
documents are authentic and whether the products concerned may be considered as
products originating in a Party and fulfil the other requirements of this Protocol.
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24
EN
6.
If in cases of reasonable doubt there is no reply within ten months of the date
of the verification request or if the reply does not contain sufficient information to
determine the authenticity of the document in question or the real origin of the
products, the requesting customs authorities shall, except in exceptional
circumstances, refuse entitlement to the preferences.
ARTICLE 33
Dispute settlement
1. Where disputes arise in relation to the verification procedures of Article 32 which
cannot be settled between the customs authorities requesting a verification and the
customs authorities responsible for carrying out this verification, those disputes shall
be submitted to the Association Committee in Trade configuration s set out in Article
405(4) of this Agreement. Chapter 14 (Dispute Settlement) of Title IV (Trade and
Trade-related Matters) of this Agreement shall not apply.
2. Where disputes other than those related to the verification procedures of Article 32
arise in relation to the interpretation of this Protocol, those disputes shall be submitted
to the Customs Sub-Committee. A dispute settlement proceeding under Chapter 14
(Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement
may only be initiated, if the Customs Sub-Committee has failed to resolve the dispute
within six months from the date on which the dispute was submitted to the Customs
Sub-Committee.
3. In all cases the settlement of disputes between the importer and the customs
authorities of the importing Party shall take place under the legislation of the said
Party.
ARTICLE 34
Penalties
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a
document which contains incorrect information for the purpose of obtaining a
preferential treatment for products.
ARTICLE 35
Free zones
1.
The Parties shall take all necessary steps to ensure that products traded under
cover of a proof of origin, which in the course of transport use a free zone situated in
their territory, are not substituted by other goods and do not undergo handling other
than normal operations designed to prevent their deterioration.
2.
By way of derogation from paragraph 1, when products originating in a Party
are imported into a free zone under cover of a proof of origin and undergo treatment
or processing, the authorities concerned shall issue a new movement certificate EUR.1
at the exporter's request, if the treatment or processing undergone complies with this
Protocol.
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TITLE VII
CEUTA AND MELILLA
Article 36
Application of this Protocol
1.
The term "European Union" does not cover Ceuta and Melilla.
(ii)
(2)
(b)
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26
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27
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ANNEX I
INTRODUCTORY NOTES TO THE LIST IN ANNEX II
Note 1:
The list sets out the conditions required for all products to be considered as
sufficiently worked or processed within the meaning of Article 5 of this Protocol.
Note 2:
2.1. The first two columns in the list describe the product obtained. The first column
gives the heading number or chapter number used in the Harmonised System
and the second column gives the description of goods used in that system for
that heading or chapter. For each entry in the first two columns, a rule is
specified in column 3 or 4. Where, in some cases, the entry in the first column is
preceded by an "ex", this signifies that the rules in column 3 or 4 apply only to
the part of that heading as described in column 2.
2.2. Where several heading numbers are grouped together in column 1 or a chapter
number is given and the description of products in column 2 is therefore given
in general terms, the adjacent rules in column 3 or 4 apply to all products which,
under the Harmonised System, are classified in headings of the chapter or in any
of the headings grouped together in column 1.
2.3. Where there are different rules in the list applying to different products within a
heading, each indent contains the description of that part of the heading covered
by the adjacent rules in column 3 or 4.
2.4. Where, for an entry in the first two columns, a rule is specified in both
columns 3 and 4, the exporter may opt to apply either the rule set out in
column 3 or that set out in column 4. If no origin rule is given in column 4, the
rule set out in column 3 is to be applied.
Note 3:
3.1. The provisions of Article 5 of this Protocol, concerning products having
acquired originating status which are used in the manufacture of other products,
shall apply regardless of whether this status has been acquired inside the factory
where these products are used or in another factory in a Party.
Example:
An engine of heading 8407, for which the rule states that the value of the nonoriginating materials which may be incorporated may not exceed 40 % of the
ex-works price, is made from "other alloy steel roughly shaped by forging" of
heading ex 7224.
If this forging has been forged in the European Union from a non-originating
ingot, it has already acquired originating status by virtue of the rule for
heading ex 7224 in the list. The forging can then count as originating in the
value-calculation for the engine, regardless of whether it was produced in the
same factory or in another factory in the European Union. The value of the nonoriginating ingot is thus not taken into account when adding up the value of the
non-originating materials used.
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28
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3.2. The rule in the list represents the minimum amount of working or processing
required, and the carrying-out of more working or processing also confers
originating status; conversely, the carrying-out of less working or processing
cannot confer originating status. Thus, if a rule provides that non-originating
material, at a certain level of manufacture, may be used, the use of such material
at an earlier stage of manufacture is allowed, and the use of such material at a
later stage is not.
3.3. Without prejudice to Note 3.2, where a rule uses the expression "Manufacture
from materials of any heading", then materials of any heading(s) (even materials
of the same description and heading as the product) may be used, subject,
however, to any specific limitations which may also be contained in the rule.
However, the expression "Manufacture from materials of any heading, including
other materials of heading ..." or "Manufacture from materials of any heading,
including other materials of the same heading as the product" means that
materials of any heading(s) may be used, except those of the same description as
the product as given in column 2 of the list.
3.4. When a rule in the list specifies that a product may be manufactured from more
than one material, this means that one or more materials may be used. It does
not require that all be used.
Example:
The rule for fabrics of headings 5208 to 5212 provides that natural fibres may
be used and that chemical materials, among other materials, may also be used.
This does not mean that both have to be used; it is possible to use one or the
other, or both.
3.5. Where a rule in the list specifies that a product must be manufactured from a
particular material, the condition does not prevent the use of other materials
which, because of their inherent nature, cannot satisfy the rule. (See also
Note 6.2 below in relation to textiles).
Example:
The rule for prepared foods of heading 1904, which specifically excludes the
use of cereals and their derivatives, does not prevent the use of mineral salts,
chemicals and other additives which are not products from cereals.
However, this does not apply to products which, although they cannot be
manufactured from the particular materials specified in the list, can be produced
from a material of the same nature at an earlier stage of manufacture.
Example:
In the case of an article of apparel of ex Chapter 62 made from non-woven
materials, if the use of only non-originating yarn is allowed for this class of
article, it is not possible to start from non-woven cloth even if non-woven
cloths cannot normally be made from yarn. In such cases, the starting material
would normally be at the stage before yarn that is, the fibre stage.
3.6. Where, in a rule in the list, two percentages are given for the maximum value of
non-originating materials that can be used, then these percentages may not be
added together. In other words, the maximum value of all the non-originating
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materials used may never exceed the higher of the percentages given.
Furthermore, the individual percentages must not be exceeded, in relation to the
particular materials to which they apply.
Note 4:
4.1. The term "natural fibres" is used in the list to refer to fibres other than artificial
or synthetic fibres. It is restricted to the stages before spinning takes place,
including waste, and, unless otherwise specified, includes fibres which have
been carded, combed or otherwise processed, but not spun.
4.2. The term "natural fibres" includes horsehair of heading 0511, silk of
headings 5002 and 5003, as well as wool fibres and fine or coarse animal hair of
headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other
vegetable fibres of headings 5301 to 5305.
4.3. The terms "textile pulp", "chemical materials" and "paper-making materials" are
used in the list to describe the materials, not classified in Chapters 50 to 63,
which can be used to manufacture artificial, synthetic or paper fibres or yarns.
4.4. The term "man-made staple fibres" is used in the list to refer to synthetic or
artificial filament tow, staple fibres or waste, of headings 5501 to 5507.
Note 5:
5.1. Where, for a given product in the list, reference is made to this Note, the
conditions set out in column 3 shall not be applied to any basic textile materials
used in the manufacture of this product and which, taken together, represent
10 % or less of the total weight of all the basic textile materials used. (See also
Notes 5.3 and 5.4).
5.2. However, the tolerance mentioned in Note 5.1 may be applied only to mixed
products which have been made from two or more basic textile materials.
The following are the basic textile materials:
- silk,
- wool,
- coarse animal hair,
- fine animal hair,
- horsehair,
- cotton,
- paper-making materials and paper,
- flax,
- true hemp,
- jute and other textile bast fibres,
- sisal and other textile fibres of the genus Agave,
- coconut, abaca , ramie and other vegetable textile fibres,
- synthetic man-made filaments,
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30
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Example:
Tufted textile fabric, of heading 5802, made from cotton yarn of heading 5205
and cotton fabric of heading 5210, is a only mixed product if the cotton fabric is
itself a mixed fabric made from yarns classified in two separate headings, or if
the cotton yarns used are themselves mixtures.
Example:
If the tufted textile fabric concerned had been made from cotton yarn of
heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns
used are two separate basic textile materials and the tufted textile fabric is,
accordingly, a mixed product.
5.3. In the case of products incorporating "yarn made of polyurethane segmented
with flexible segments of polyether, whether or not gimped", this tolerance is
20 % in respect of this yarn.
5.4. In the case of products incorporating "strip consisting of a core of aluminium
foil or of a core of plastic film whether or not coated with aluminium powder, of
a width not exceeding 5 mm, sandwiched by means of a transparent or coloured
adhesive between two layers of plastic film", this tolerance is 30 % in respect of
this strip.
Note 6:
6.1. Where, in the list, reference is made to this Note, textile materials (with the
exception of linings and interlinings), which do not satisfy the rule set out in the
list in column 3 for the made-up product concerned, may be used, provided that
they are classified in a heading other than that of the product and that their value
does not exceed 8 % of the ex-works price of the product.
6.2. Without prejudice to Note 6.3, materials, which are not classified within
Chapters 50 to 63, may be used freely in the manufacture of textile products,
whether or not they contain textiles.
Example:
If a rule in the list provides that, for a particular textile item (such as trousers),
yarn must be used, this does not prevent the use of metal items, such as buttons,
because buttons are not classified within Chapters 50 to 63. For the same
reason, it does not prevent the use of slide-fasteners, even though slide-fasteners
normally contain textiles.
6.3. Where a percentage rule applies, the value of materials which are not classified
within Chapters 50 to 63 must be taken into account when calculating the value
of the non-originating materials incorporated.
Note 7:
7.1. For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and
ex 3403, the "specific processes" are the following:
EN
(a)
vacuum-distillation;
(b)
(c)
cracking;
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EN
(d)
reforming;
(e)
(f)
(g)
polymerisation;
(h)
alkylation;
(i)
isomerisation.
7.2. For the purposes of headings 2710, 2711 and 2712, the "specific processes" are
the following:
(a)
vacuum-distillation;
(b)
(c)
cracking;
(d)
reforming;
(e)
(f)
(g)
polymerisation;
(h)
alkylation;
(i)
isomerisation;
(j)
(k)
(l)
EN
in respect of heavy oils other than gas oils and fuel oils of
heading ex 2710 only, treatment by means of a high-frequency electrical
brush discharge;
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(o)
7.3. For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and
ex 3403, simple operations, such as cleaning, decanting, desalting, water
separation, filtering, colouring, marking, obtaining a sulphur content as a result
of mixing products with different sulphur contents, or any combination of these
operations or like operations, do not confer origin.
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ANNEX II
LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT
ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT
MANUFACTURED CAN OBTAIN ORIGINATING STATUS
The products mentioned in the list may not be all covered by the Agreement. It is,
therefore, necessary to consult the other parts of the Agreement.
EN
HS heading
Description of product
(1)
(2)
or
Chapter 1
Live animals
Chapter 2
Chapter 3
(4)
35
EN
EN
ex Chapter
4
Manufacture in which
all the materials of
Chapter 4 used are
wholly obtained
0403
Buttermilk,
curdled
milk
and
cream,
yoghurt, kephir and
other fermented or
acidified milk and
cream, whether or not
concentrated
or
containing
added
sugar
or
other
sweetening matter or
flavoured
or
containing added fruit,
nuts or cocoa
Manufacture in which:
ex Chapter
5
Products of animal
origin, not elsewhere
specified or included;
except for:
Manufacture in which
all the materials of
Chapter 5 used are
wholly obtained
ex 0502
Chapter 6
Chapter 7
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EN
(1)
Chapter 8
(2)
(3)
or
(4)
EN
ex Chapter
9
0901
from
any
0902
from
any
ex 0910
Mixtures of spices
Manufacture
materials
of
heading
from
any
Chapter 10
Cereals
Manufacture in which
all the materials of
Chapter 10 used are
wholly obtained
ex Chapter
11
Products
of
the
milling industry; malt;
starches; inulin; wheat
gluten; except for:
Manufacture in which
all the cereals, edible
vegetables, roots and
tubers of heading 0714
or fruit used are wholly
obtained
ex 1106
Flour,
meal
and Drying and milling of
powder of the dried, leguminous vegetables
shelled
leguminous of heading 0708
vegetables
of
heading 0713
37
EN
(1)
(2)
(3)
Chapter 12
Oil
seeds
and
oleaginous
fruits;
miscellaneous grains,
seeds
and
fruit;
industrial
or
medicinal
plants;
straw and fodder
Manufacture in which
all the materials of
Chapter 12 used are
wholly obtained
1301
Manufacture in which
the value of all the
materials
of
heading 1301 used does
not exceed 50 % of the
ex-works price of the
product
1302
or
(4)
- Mucilages
and Manufacture from nonthickeners, modified, modified mucilages and
derived
from thickeners
vegetable products
EN
- Other
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
Chapter 14
Vegetable
plaiting
materials; vegetable
products
not
elsewhere specified or
included
Manufacture in which
all the materials of
Chapter 14 used are
wholly obtained
ex Chapter
15
Animal or vegetable
fats and oils and their
cleavage
products;
prepared edible fats;
animal or vegetable
waxes; except for:
Manufacture
from
materials
of
any
heading, except that of
the product
38
EN
(1)
1501
(2)
(3)
or
(4)
1502
Fats
of
bovine
animals, sheep or
goats, other than those
of heading 1503
- Fats from bones or Manufacture
waste
materials
of
heading, except
of heading 0201,
0204 or 0206 or
of heading 0506
- Other
1504
Manufacture in which
all the materials of
Chapter 2 used are
wholly obtained
EN
from
any
those
0202,
bones
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 1504
39
EN
(1)
(2)
(3)
- Other
Manufacture in which
all the materials of
Chapters 2 and 3 used
are wholly obtained
ex 1505
Refined lanolin
Manufacture
from
crude wool grease of
heading 1505
1506
1507
1515
- Solid fractions
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 1506
- Other
Manufacture in which
all the materials of
Chapter 2 used are
wholly obtained
to Vegetable oils
their fractions:
or
(4)
and
Manufacture
from
materials
of
any
heading, except that of
the product
- Solid
fractions, Manufacture from other
except for that of materials
of
jojoba oil
headings 1507 to 1515
- Other
EN
Manufacture in which
all
the
vegetable
materials used are
wholly obtained
40
EN
(1)
EN
(2)
(3)
1516
1517
Margarine;
edible Manufacture in which:
mixtures
or - all the materials of
preparations of animal Chapters 2 and 4 used
or vegetable fats or are wholly obtained,
oils or of fractions of and
different fats or oils of
the
vegetable
this Chapter, other - all
than edible fats or oils materials used are
obtained.
or their fractions of wholly
However,
materials
of
heading 1516
headings 1507, 1508,
1511 and 1513 may be
used
Chapter 16
ex Chapter
17
ex 1701
or
(4)
Manufacture in which
the value of all the
materials of Chapter 17
used does not exceed
30 % of the ex-works
price of the product
41
EN
(1)
1702
(2)
(3)
or
(4)
Other
sugars,
including chemically
pure lactose, maltose,
glucose and fructose,
in solid form; sugar
syrups not containing
added flavouring or
colouring
matter;
artificial
honey,
whether or not mixed
with natural honey;
caramel:
- Chemically-pure
maltose and fructose
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 1702
Manufacture in which
the value of all the
materials of Chapter 17
used does not exceed
30 % of the ex-works
price of the product
- Other
Manufacture in which
all the materials used
are originating
ex 1703
Molasses
resulting
from the extraction or
refining of sugar,
containing
added
flavouring
or
colouring matter
Manufacture in which
the value of all the
materials of Chapter 17
used does not exceed
30 % of the ex-works
price of the product
1704
EN
42
EN
(1)
Chapter 18
(2)
Cocoa and
preparations
(3)
or
(4)
cocoa Manufacture:
- from materials of any
heading, except that of
the product, and
- in which the value of
all the materials of
Chapter 17 used does
not exceed 30 % of
the ex-works price of
the product
1901
Manufacture
from
cereals of Chapter 10
- Other
Manufacture:
- from materials of any
heading, except that of
the product, and
- in which the value of
all the materials of
Chapter 17 used does
not exceed 30 % of
the ex-works price of
the product
EN
43
EN
(1)
1902
(2)
(3)
or
(4)
Manufacture in which
all the cereals and
derivatives
(except
durum wheat and its
derivatives) used are
wholly obtained
- Containing
more Manufacture in which:
than 20 % by weight - all the cereals and
of meat, meat offal, their
derivatives
fish, crustaceans or (except durum wheat
molluscs
and its derivatives)
used
are
wholly
obtained, and
- all the materials of
Chapters 2 and 3 used
are wholly obtained
1903
EN
Tapioca
and
substitutes therefore
prepared from starch,
in the form of flakes,
grains, pearls, siftings
or similar forms
Manufacture
from
materials
of
any
heading, except potato
starch of heading 1108
44
EN
(1)
1904
EN
(2)
(3)
Prepared
foods
obtained
by
the
swelling or roasting
of cereals or cereal
products
(for
example, corn flakes);
cereals (other than
maize (corn)) in grain
form or in the form of
flakes or other worked
grains (except flour,
groats and meal), precooked or otherwise
prepared,
not
elsewhere specified or
included
Manufacture:
1905
Manufacture
from
materials
of
any
heading, except those
of Chapter 11
ex Chapter
20
Preparations
of
vegetables, fruit, nuts
or other parts of
plants; except for:
Manufacture in which
all the fruit, nuts or
vegetables used are
wholly obtained
ex 2001
Manufacture
from
materials
of
any
heading, except that of
the product
or
(4)
45
EN
(1)
(2)
(3)
Manufacture
from
materials
of
any
heading, except that of
the product
2006
Vegetables,
fruit,
nuts, fruit-peel and
other parts of plants,
preserved by sugar
(drained, glac or
crystallized)
Manufacture in which
the value of all the
materials of Chapter 17
used does not exceed
30 % of the ex-works
price of the product
2007
ex 2008
or
(4)
Manufacture
from
materials
of
any
heading, except that of
the product
EN
46
EN
(1)
(2)
(3)
2009
ex Chapter
21
2101
2103
Sauces
and
preparations therefor;
mixed
condiments
and
mixed
seasonings; mustard
flour and meal and
prepared mustard:
- Sauces
and
preparations
therefor;
mixed
condiments
and
mixed seasonings
(4)
Manufacture
from
materials
of
any
heading, except that of
the product. However,
mustard flour or meal
or prepared mustard
may be used
EN
or
47
from
any
EN
(1)
(2)
(3)
ex 2104
2106
or
(4)
2202
EN
Waters,
including
mineral waters and
aerated
waters,
containing
added
sugar
or
other
sweetening matter or
flavoured, and other
non-alcoholic
beverages,
not
including fruit or
vegetable juices of
heading 2009
Manufacture:
- from materials of any
heading, except that of
the product,
- in which the value of
all the materials of
Chapter 17 used does
not exceed 30 % of
the ex-works price of
the product, and
- in which all the fruit
juice used (except that
of pineapple, lime or
grapefruit)
is
originating
48
EN
(1)
EN
(2)
(3)
2207
Undenatured
ethyl Manufacture:
alcohol
of
an - from materials of any
alcoholic strength by heading,
except
volume of 80 % vol heading 2207 or 2208,
or
higher;
ethyl and
alcohol and other
spirits, denatured, of - in which all the grapes
or materials derived
any strength
from grapes used are
wholly obtained or, if
all the other materials
used
are
already
originating,
arrack
may be used up to a
limit of 5 % by
volume
2208
Undenatured
ethyl Manufacture:
alcohol
of
an - from materials of any
alcoholic strength by heading,
except
volume of less than heading 2207 or 2208,
80 % vol;
spirits, and
liqueurs and other
- in which all the grapes
spirituous beverages
or materials derived
from grapes used are
wholly obtained or, if
all the other materials
used
are
already
originating,
arrack
may be used up to a
limit of 5 % by
volume
ex Chapter
23
Manufacture
from
materials
of
any
heading, except that of
the product
ex 2301
Manufacture in which
all the materials of
Chapters 2 and 3 used
are wholly obtained
49
or
(4)
EN
(1)
(2)
(3)
ex 2303
ex 2306
2309
or
(4)
EN
ex Chapter
24
Tobacco
and Manufacture in which
manufactured tobacco all the materials of
substitutes;
except Chapter 24 used are
for:
wholly obtained
2402
Cigars,
cheroots, Manufacture in which
cigarillos
and at least 70 % by weight
cigarettes, of tobacco of the unmanufactured
or
of
tobacco tobacco or tobacco
substitutes
refuse of heading 2401
used is originating
ex 2403
Smoking tobacco
Manufacture in which
at least 70 % by weight
of the unmanufactured
tobacco or tobacco
refuse of heading 2401
used is originating
ex Chapter
25
Manufacture
from
materials
of
any
heading, except that of
the product
50
EN
(1)
EN
(2)
(3)
ex 2504
Natural
crystalline
graphite,
with
enriched
carbon
content, purified and
ground
ex 2515
Cutting, by sawing or
otherwise, of marble
(even if already sawn)
of
a
thickness
exceeding 25 cm
ex 2516
Granite,
porphyry,
basalt, sandstone and
other monumental or
building stone, merely
cut, by sawing or
otherwise, into blocks
or
slabs
of
a
rectangular (including
square) shape, of a
thickness
not
exceeding 25 cm
Cutting, by sawing or
otherwise, of stone
(even if already sawn)
of
a
thickness
exceeding 25 cm
ex 2518
Calcined dolomite
Calcination of dolomite
not calcined
ex 2519
Crushed
natural
magnesium carbonate
(magnesite),
in
hermetically-sealed
containers,
and
magnesium
oxide,
whether or not pure,
other
than
fused
magnesia or deadburned
(sintered)
magnesia
Manufacture
from
materials
of
any
heading, except that of
the product. However,
natural
magnesium
carbonate (magnesite)
may be used
ex 2520
Plasters
specially Manufacture in which
prepared for dentistry the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
ex 2524
Natural
fibres
or
(4)
asbestos Manufacture
from
asbestos concentrate
51
EN
(1)
(2)
ex 2525
Mica powder
ex 2530
Earth
colours, Calcination or grinding
calcined or powdered of earth colours
Chapter 26
Manufacture
from
materials
of
any
heading, except that of
the product
ex Chapter
27
Manufacture
from
materials
of
any
heading, except that of
the product
ex 2707
Operations of refining
and/or one or more
specific process(es) (1)
ex 2709
EN
(3)
or
(4)
Grinding of mica or
mica waste
or
Other operations in
which all the materials
used are classified
within a heading other
than that of the product.
However, materials of
the same heading as the
product may be used,
provided that their total
value does not exceed
50 % of the ex-works
price of the product
For the special conditions relating to "specific processes", see Introductory Notes 7.1 and 7.3.
52
EN
(1)
2710
2711
(2)
Petroleum oils and
oils obtained from
bituminous materials,
other than crude;
preparations
not
elsewhere specified or
included, containing
by weight 70 % or
more of petroleum
oils or of oils obtained
from
bituminous
materials, these oils
being
the
basic
constituents of the
preparations;
waste
oils
(3)
or
(4)
Operations of refining
and/or one or more
specific process(es) (2)
or
Other operations in
which all the materials
used are classified
within a heading other
than that of the product.
However, materials of
the same heading as the
product may be used,
provided that their total
value does not exceed
50 % of the ex-works
price of the product
2
3
EN
For the special conditions relating to "specific processes", see Introductory Note 7.2.
For the special conditions relating to "specific processes", see Introductory Note 7.2.
53
EN
(1)
2712
2713
4
5
EN
(2)
(3)
Petroleum
jelly;
paraffin
wax,
microcrystalline
petroleum wax, slack
wax, ozokerite, lignite
wax, peat wax, other
mineral waxes, and
similar
products
obtained by synthesis
or by other processes,
whether
or
not
coloured
Operations of refining
and/or one or more
specific process(es) (4)
Petroleum
coke,
petroleum
bitumen
and other residues of
petroleum oils or of
oils obtained from
bituminous materials
Operations of refining
and/or one or more
specific process(es) (5)
or
(4)
or
Other operations in
which all the materials
used are classified
within a heading other
than that of the product.
However, materials of
the same heading as the
product may be used,
provided that their total
value does not exceed
50 % of the ex-works
price of the product
or
Other operations in
which all the materials
used are classified
within a heading other
than that of the product.
However, materials of
the same heading as the
product may be used,
provided that their total
value does not exceed
50 % of the ex-works
price of the product
For the special conditions relating to "specific processes", see Introductory Note 7.2.
For the special conditions relating to "specific processes", see Introductory Notes 7.1 and 7.3.
54
EN
(1)
2714
(2)
Bitumen and asphalt,
natural; bituminous or
oil shale and tar
sands; asphaltites and
asphaltic rocks
(3)
or
(4)
Operations of refining
and/or one or more
specific process(es) (6)
or
Other operations in
which all the materials
used are classified
within a heading other
than that of the product.
However, materials of
the same heading as the
product may be used,
provided that their total
value does not exceed
50 % of the ex-works
price of the product
2715
ex Chapter
28
6
7
EN
Bituminous mixtures
based on natural
asphalt, on natural
bitumen,
on
petroleum bitumen,
on mineral tar or on
mineral tar pitch (for
example, bituminous
mastics, cut-backs)
Operations of refining
and/or one or more
specific process(es) (7)
Inorganic chemicals;
organic or inorganic
compounds
of
precious metals, of
rare-earth metals, of
radioactive elements
or of isotopes; except
for:
Manufacture
from
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
or
Other operations in
which all the materials
used are classified
within a heading other
than that of the product.
However, materials of
the same heading as the
product may be used,
provided that their total
value does not exceed
50 % of the ex-works
price of the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
For the special conditions relating to "specific processes", see Introductory Notes 7.1 and 7.3.
For the special conditions relating to "specific processes", see Introductory Notes 7.1 and 7.3.
55
EN
(1)
EN
(2)
(3)
or
(4)
ex 2805
"Mischmetall"
Manufacture
by
electrolytic or thermal
treatment in which the
value of all the
materials used does not
exceed 50 % of the exworks price of the
product
ex 2811
Sulphur trioxide
Manufacture
sulphur dioxide
ex 2833
Aluminium sulphate
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
ex 2840
Sodium perborate
Manufacture
from Manufacture in which
disodium
tetraborate the value of all the
pentahydrate
materials used does not
exceed 40 % of the exworks price of the
product
ex 2852
Mercury compounds
of internal ethers and
their
halogenated,
sulphonated, nitrated
or
nitrosated
derivatives
Manufacture
from
materials
of
any
heading. However, the
value of all the
materials
of
heading 2909 used shall
not exceed 20 % of the
ex-works price of the
product
56
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
EN
(1)
(2)
Mercury compounds
of nucleic acids and
their salts, whether or
not
chemically
defined;
other
heterocyclic
compounds
(3)
or
(4)
Manufacture
from
materials
of
any
heading. However, the
value of all the
materials
of
headings 2852, 2932,
2933 and 2934 used
shall not exceed 20 %
of the ex-works price of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex Chapter
29
Organic
chemicals; Manufacture
from
except for:
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex 2901
EN
For the special conditions relating to "specific processes", see Introductory Notes 7.1 and 7.3.
57
EN
(1)
ex 2902
(3)
or
(4)
Cyclanes
and
cyclenes (other than
azulenes), benzene,
toluene, xylenes, for
use as power or
heating fuels
Operations of refining
and/or one or more
specific process(es) (9)
ex 2905
Metal alcoholates of
alcohols
of
this
heading
and
of
ethanol
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 2905.
However,
metal
alcoholates of this
heading may be used,
provided that their total
value does not exceed
20 % of the ex-works
price of the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
2915
Saturated
acyclic
monocarboxylic acids
and their anhydrides,
halides, peroxides and
peroxyacids;
their
halogenated,
sulphonated, nitrated
or
nitrosated
derivatives
Manufacture
from
materials
of
any
heading. However, the
value of all the
materials
of
headings 2915
and 2916 used shall not
exceed 20 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
EN
(2)
or
Other operations in
which all the materials
used are classified
within a heading other
than that of the product.
However, materials of
the same heading as the
product may be used,
provided that their total
value does not exceed
50 % of the ex-works
price of the product
For the special conditions relating to "specific processes", see Introductory Notes 7.1 and 7.3.
58
EN
(1)
ex 2932
(2)
(3)
Manufacture
from
materials
of
any
heading. However, the
value of all the
materials
of
heading 2909 used shall
not exceed 20 % of the
ex-works price of the
product
EN
or
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
2933
Heterocyclic
compounds
nitrogen
atom(s) only
Manufacture
from
with materials
of
any
hetero- heading. However, the
value of all the
materials
of
headings 2932
and 2933 used shall not
exceed 20 % of the exworks price of the
product
2934
Manufacture
from
materials
of
any
heading. However, the
value of all the
materials
of
headings 2932,
2933
and 2934 used shall not
exceed 20 % of the exworks price of the
product
ex 2939
Concentrates
of
poppy
straw
containing not less
than 50 % by weight
of alkaloids
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
59
(4)
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
EN
(1)
(2)
ex Chapter
30
Pharmaceutical
products; except for:
3002
(3)
or
(4)
Manufacture
from
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 3002.
However, materials of
the same description as
the product may be
used, provided that
their total value does
not exceed 20 % of the
ex-works price of the
product
- Other
EN
60
EN
(1)
EN
(2)
(3)
-- Human blood
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 3002.
However, materials of
the same description as
the product may be
used, provided that
their total value does
not exceed 20 % of the
ex-works price of the
product
-- Animal
blood
prepared
for
therapeutic
or
prophylactic uses
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 3002.
However, materials of
the same description as
the product may be
used, provided that
their total value does
not exceed 20 % of the
ex-works price of the
product
-- Blood
fractions
other than antisera,
haemoglobin, blood
globulins
and
serum globulins
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 3002.
However, materials of
the same description as
the product may be
used, provided that
their total value does
not exceed 20 % of the
ex-works price of the
product
61
or
(4)
EN
(1)
(2)
(3)
or
(4)
-- Haemoglobin,
Manufacture
from
blood globulins and materials
of
any
serum globulins
heading,
including
other
materials
of
heading 3002.
However, materials of
the same description as
the product may be
used, provided that
their total value does
not exceed 20 % of the
ex-works price of the
product
-- Other
3003
3004
and Medicaments
(excluding goods of
heading 3002, 3005
or 3006):
- Obtained
amikacin
heading 2941
EN
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 3002.
However, materials of
the same description as
the product may be
used, provided that
their total value does
not exceed 20 % of the
ex-works price of the
product
from Manufacture
from
of materials
of
any
heading, except that of
the product. However,
materials
of
headings 3003
and 3004 may be used,
provided that their total
value does not exceed
20 % of the ex-works
price of the product
62
EN
(1)
(2)
- Other
(3)
or
(4)
Manufacture:
- from materials of any
heading, except that of
the product. However,
materials
of
headings 3003
and 3004 may be
used, provided that
their total value does
not exceed 20 % of
the ex-works price of
the product, and
- in which the value of
all the materials used
does not exceed 50 %
of the ex-works price
of the product
ex 3006
Waste
pharmaceuticals
specified in note 4(k)
to this Chapter
- Sterile surgical or
dental
adhesion
barriers, whether or
not absorbable:
- made of plastics
Manufacture in which
the value of all the
materials of Chapter 39
used does not exceed
20 % of the ex-works
price of the product (5)
- made of fabrics
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
natural fibres
man-made
fibres, not
staple
carded or combed or
otherwise processed for
spinning,
or
chemical materials or
textile pulp
EN
63
EN
(1)
(2)
(3)
or
(4)
EN
ex Chapter
31
Manufacture
from
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
ex 3105
ex Chapter
32
Tanning or dyeing
extracts; tannins and
their
derivatives;
dyes, pigments and
other
colouring
matter; paints and
varnishes; putty and
other mastics; inks;
except for:
Manufacture
from
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
64
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
EN
(1)
(3)
or
(4)
ex 3201
3205
Colour
lakes;
preparations
as
specified in note 3 to
this chapter based on
colour lakes (10)
Manufacture
from
materials
of
any
heading,
except
headings 3203,
3204
and 3205.
However,
materials
of
heading 3205 may be
used, provided that
their total value does
not exceed 20 % of the
ex-works price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex Chapter
33
Manufacture
from
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
10
EN
(2)
Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the
manufacture of colouring preparations, provided that they are not classified in another heading in Chapter 32.
65
EN
(1)
(3)
or
(4)
3301
Essential
oils
(terpeneless or not),
including concretes
and
absolutes;
resinoids; extracted
oleoresins;
concentrates
of
essential oils in fats,
in fixed oils, in waxes
or the like, obtained
by enfleurage or
maceration; terpenic
by-products of the
deterpenation
of
essential oils; aqueous
distillates
and
aqueous solutions of
essential oils
Manufacture
from
materials
of
any
heading,
including
materials of a different
"group" (11) in this
heading.
However,
materials of the same
group as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex Chapter
34
Manufacture
from
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
11
EN
(2)
A "group" is regarded as any part of the heading separated from the rest by a semicolon.
66
EN
(1)
ex 3403
3404
(2)
Lubricating
preparations
containing less than
70 % by weight of
petroleum oils or oils
obtained
from
bituminous minerals
(3)
or
(4)
Operations of refining
and/or one or more
specific process(es) (12)
or
Other operations in
which all the materials
used are classified
within a heading other
than that of the product.
However, materials of
the same heading as the
product may be used,
provided that their total
value does not exceed
50 % of the ex-works
price of the product
Manufacture
from
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 50 %
of the ex-works price of
the product
- Other
Manufacture
materials
of
heading, except:
12
EN
For the special conditions relating to "specific processes", see Introductory Notes 7.1 and 7.3.
67
EN
(1)
(2)
(3)
- materials
heading 3404
or
(4)
of
However,
these
materials may be used,
provided that their total
value does not exceed
20 % of the ex-works
price of the product
ex Chapter
35
Albuminoidal
substances; modified
starches;
glues;
enzymes; except for:
3505
- Other
ex 3507
EN
ethers
Manufacture
from
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
and Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 3505
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
Manufacture
from Manufacture in which
materials
of
any the value of all the
heading, except those materials used does not
of heading 1108
exceed 40 % of the exworks price of the
product
68
EN
(1)
(2)
(3)
Chapter 36
Explosives;
pyrotechnic products;
matches; pyrophoric
alloys;
certain
combustible
preparations
Manufacture
from
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex Chapter
37
Photographic
or Manufacture
from
cinematographic
materials
of
any
goods; except for:
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
3701
Photographic plates
and film in the flat,
sensitised, unexposed,
of any material other
than
paper,
paperboard or textiles;
instant print film in
the flat, sensitised,
unexposed, whether
or not in packs:
- Instant print film for Manufacture
from
colour photography, materials
of
any
in packs
heading, except those
of
headings 3701
and 3702.
However,
materials
of
heading 3702 may be
used, provided that
their total value does
not exceed 30 % of the
ex-works price of the
product
EN
69
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
EN
(1)
EN
(2)
(3)
or
(4)
- Other
Manufacture
from
materials
of
any
heading, except those
of
headings 3701
and 3702.
However,
materials
of
headings 3701
and 3702 may be used,
provided that their total
value does not exceed
20 % of the ex-works
price of the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
3702
Photographic film in
rolls,
sensitised,
unexposed, of any
material other than
paper, paperboard or
textiles; instant print
film
in
rolls,
sensitised, unexposed
Manufacture
from
materials
of
any
heading, except those
of
headings 3701
and 3702
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
3704
Photographic plates,
film
paper,
paperboard
and
textiles, exposed but
not developed
Manufacture
from
materials
of
any
heading, except those
of
headings 3701
to 3704
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex Chapter
38
Miscellaneous
Manufacture
from
chemical
products; materials
of
any
except for:
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 20 %
of the ex-works price of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex 3801
- Colloidal graphite in
suspension in oil and
semi-colloidal
graphite;
carbonaceous pastes
for electrodes
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
70
EN
(1)
EN
(2)
(3)
or
(4)
- Graphite in paste
form,
being
a
mixture of more than
30 % by weight of
graphite
with
mineral oils
Manufacture in which
the value of all the
materials
of
heading 3403 used does
not exceed 20 % of the
ex-works price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex 3803
ex 3805
ex 3806
Ester gums
ex 3807
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
71
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
EN
(1)
EN
(2)
(3)
3808
Insecticides,
rodenticides,
fungicides, herbicides,
anti-sprouting
products and plantgrowth
regulators,
disinfectants
and
similar products, put
up in forms or
packings for retail
sale or as preparations
or
articles
(for
example,
sulphurtreated bands, wicks
and candles, and flypapers)
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
products
3809
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
products
3810
Pickling preparations
for metal surfaces;
fluxes
and
other
auxiliary preparations
for soldering, brazing
or welding; soldering,
brazing or welding
powders and pastes
consisting of metal
and other materials;
preparations of a kind
used as cores or
coatings for welding
electrodes or rods
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
products
72
or
(4)
EN
(1)
3811
EN
(2)
(3)
or
(4)
Anti-knock
preparations,
oxidation inhibitors,
gum
inhibitors,
viscosity improvers,
anti-corrosive
preparations and other
prepared additives, for
mineral
oils
(including gasoline)
or for other liquids
used for the same
purposes as mineral
oils:
- Prepared additives
for lubricating oil,
containing petroleum
oils or oils obtained
from
bituminous
minerals
Manufacture in which
the value of all the
materials
of
heading 3811 used does
not exceed 50 % of the
ex-works price of the
product
- Other
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
3812
Prepared
rubber
accelerators;
compound plasticisers
for rubber or plastics,
not
elsewhere
specified or included;
anti-oxidizing
preparations and other
compound stabilizers
for rubber or plastics
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
3813
Preparations
and
charges
for
fireextinguishers; charged
fire-extinguishing
grenades
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
73
EN
(1)
EN
(2)
(3)
3814
Organic
composite
solvents and thinners,
not
elsewhere
specified or included;
prepared paint or
varnish removers
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
3818
Chemical
elements
doped for use in
electronics, in the
form of discs, wafers
or similar forms;
chemical compounds
doped for use in
electronics
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
3819
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
3820
Anti-freezing
Manufacture in which
preparations
and the value of all the
prepared
de-icing materials used does not
fluids
exceed 50 % of the exworks price of the
product
Ex 3821
Prepared
culture
media for
the
development
or
maintenance
of
micro-organisms
(including viruses and
the like) or of plant,
human or animal cells
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
74
EN
(1)
(2)
(3)
3822
Diagnostic
or
laboratory reagents on
a backing, prepared
diagnostic
or
laboratory
reagents
whether or not on
a backing, other than
those of heading 3002
or 3006; certified
reference materials
3823
Industrial
monocarboxylic fatty
acids; acid oils from
refining;
industrial
fatty alcohols:
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
- Industrial
Manufacture
from
monocarboxylic
materials
of
any
fatty acids, acid oils heading, except that of
from refining
the product
- Industrial
alcohols
3824
EN
fatty Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 3823
75
EN
(1)
(2)
(3)
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
EN
76
EN
(1)
(2)
(3)
or
(4)
and
-- Mixtures of salts
having
different
anions
-- Copying
pastes
with a basis of
gelatin, whether or
not on a paper or
textile backing
- Other
3901
3915
EN
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
to Plastics in primary
forms, waste, parings
and scrap, of plastic;
except
for
headings ex 3907
and 3912 for which
the rules are set out
below:
77
EN
(1)
ex 3907
(2)
(3)
or
(4)
- Addition
Manufacture in which:
homopolymerisation - the value of all the
products in which a materials used does
single
monomer not exceed 50 % of
contributes
more the ex-works price of
than 99 % by weight the product, and
to the total polymer
- within the above limit,
content
the value of all the
materials
of
Chapter 39 used does
not exceed 20 % of
the ex-works price of
the product (13)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
- Other
Manufacture in which
the value of all the
materials of Chapter 39
used does not exceed
20 % of the ex-works
price of the product (14)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
- Copolymer,
made
from polycarbonate
and
acrylonitrilebutadiene-styrene
copolymer (ABS)
Manufacture
from
materials
of
any
heading, except that of
the product. However,
materials of the same
heading as the product
may be used, provided
that their total value
does not exceed 50 %
of the ex-works price of
the product (15)
- Polyester
Manufacture in which
the value of all the
materials of Chapter 39
used does not exceed
20 % of the ex-works
price of the product
and/or
manufacture
from polycarbonate of
tetrabromo-(bisphenol
A)
13
In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907
to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.
14
In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907
to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.
15
In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907
to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.
EN
78
EN
(1)
(2)
3912
3916
3921
to Semi-manufactures
and
articles
of
plastics; except for
headings
ex 3916,
ex 3917, ex 3920 and
ex 3921, for which
the rules are set out
below:
- Flat products, further
worked than only
surface-worked or
cut into forms other
than
rectangular
(including square);
other
products,
further worked than
only surface-worked
(3)
or
(4)
Manufacture in which
the value of all the
materials of the same
heading as the product
used does not exceed
20 % of the ex-works
price of the product
Manufacture in which
the value of all the
materials of Chapter 39
used does not exceed
50 % of the ex-works
price of the product
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
-- Addition
Manufacture in which:
homopolymerisatio - the value of all the
n products in which materials used does
a single monomer not exceed 50 % of
contributes
more the ex-works price of
than
99 %
by the product, and
weight to the total
- within the above limit,
polymer content
the value of all the
materials
of
Chapter 39 used does
not exceed 20 % of
the ex-works price of
the product (16)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
- Other:
16
EN
In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907
to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.
79
EN
(1)
(2)
(3)
-- Other
Manufacture in which
the value of all the
materials of Chapter 39
used does not exceed
20 % of the ex-works
price of the product (17)
shapes
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
- Ionomer
film
sheet
- Sheets
regenerated
cellulose,
polyamides
polyethylene
ex 3921
Foils
of
metallised
or Manufacture from a
thermoplastic
partial
salt
which
is
a
copolymer of ethylene
and metacrylic acid
partly neutralised with
metal ions, mainly zinc
and sodium
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
of Manufacture in which
the value of all the
materials of the same
or heading as the product
used does not exceed
20 % of the ex-works
price of the product
plastic, Manufacture
from
highly-transparent
polyester-foils with a
thickness of less than
23 micron (18)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
17
In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907
to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.
18
The following foils shall be considered as highly transparent: foils, the optical dimming of which, measured according to ASTM-D 1003-16
by Gardner Hazemeter (i.e. Hazefactor), is less than 2 %.
EN
80
EN
(1)
3922
3926
(2)
(3)
to Articles of plastics
ex Chapter
40
ex 4001
4005
Compounded rubber,
unvulcanised,
in
primary forms or in
plates, sheets or strip
4012
Retreaded or used
pneumatic tyres of
rubber;
solid
or
cushion tyres, tyre
treads and tyre flaps,
of rubber:
- Other
(4)
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used, except
natural rubber, does not
exceed 50 % of the exworks price of the
product
- Retreaded
Retreading
pneumatic, solid or tyres
cushion tyres, of
rubber
EN
or
of
used
Manufacture
from
materials
of
any
heading, except those
of
headings 4011
and 4012
ex 4017
Articles
rubber
of
ex Chapter
41
ex 4102
Manufacture
from
materials
of
any
heading, except that of
the product
81
EN
(1)
4104
4106
(2)
to Tanned or crust hides
and skins, without
wool or hair on,
whether or not split,
but
not
further
prepared
(3)
Retanning
leather
or
of
(4)
tanned
Or
Manufacture
from
materials
of
any
heading, except that of
the product
Manufacture
from
materials
of
any
heading,
except
headings 4104 to 4113
ex 4114
Manufacture
from
materials
of
headings 4104 to 4106,
4107, 4112 or 4113,
provided that their total
value does not exceed
50 % of the ex-works
price of the product
Chapter 42
Articles of leather;
saddlery and harness;
travel
goods,
handbags and similar
containers; articles of
animal gut (other than
silk worm gut)
Manufacture
from
materials
of
any
heading, except that of
the product
ex Chapter
43
ex 4302
Tanned or dressed
furskins, assembled:
- Plates, crosses and Bleaching or dyeing, in
similar forms
addition to cutting and
assembly
of
nonassembled tanned or
dressed furskins
EN
82
EN
(1)
(2)
or
- Other
4303
Articles of apparel,
clothing accessories
and other articles of
furskin
ex Chapter
44
ex 4403
Wood
squared
ex 4407
Wood
sawn
or Planing, sanding
chipped lengthwise, end-jointing
sliced or peeled, of a
thickness exceeding
6 mm, planed, sanded
or end-jointed
ex 4408
ex 4409
Wood continuously
shaped along any of
its edges, ends or
faces, whether or not
planed, sanded or
end-jointed:
- Sanded
jointed
EN
(3)
(4)
roughly Manufacture
from
wood in the rough,
whether or not stripped
of its bark or merely
roughed down
or
or
83
EN
(1)
(2)
- Beadings
mouldings
(3)
or
(4)
ex 4410 to Beadings
and Beading or moulding
ex 4413
mouldings, including
moulded skirting and
other moulded boards
ex 4415
ex 4416
ex 4418
EN
ex 4421
Match
splints; Manufacture
from
wooden pegs or pins wood of any heading,
for footwear
except drawn wood of
heading 4409
ex Chapter
45
4503
Articles
cork
Chapter 46
Manufactures
of
straw, of esparto or of
other
plaiting
materials; basketware
and wickerwork
of
84
EN
EN
(1)
(2)
(3)
Chapter 47
Pulp of wood or of
other
fibrous
cellulosic
material;
recovered (waste and
scrap)
paper
or
paperboard
Manufacture
from
materials
of
any
heading, except that of
the product
ex Chapter
48
Manufacture
from
materials
of
any
heading, except that of
the product
ex 4811
4816
4817
Envelopes,
letter Manufacture:
cards, plain postcards - from materials of any
and correspondence heading, except that of
cards, of paper or the product, and
paperboard;
boxes,
pouches, wallets and - in which the value of
writing compendiums, all the materials used
of
paper
or does not exceed 50 %
of the ex-works price
paperboard,
containing
an of the product
assortment of paper
stationery
ex 4818
Toilet paper
or
(4)
Manufacture
from
paper-making materials
of Chapter 47
85
EN
(1)
EN
(2)
(3)
ex 4819
ex 4820
Letter pads
ex 4823
Other
paper, Manufacture
from
paperboard, cellulose paper-making materials
wadding and webs of of Chapter 47
cellulose fibres, cut to
size or shape
ex Chapter
49
Printed
books,
newspapers, pictures
and other products of
the printing industry;
manuscripts,
typescripts and plans;
except for:
Manufacture
from
materials
of
any
heading, except that of
the product
4909
Printed or illustrated
postcards;
printed
cards bearing personal
greetings, messages
or
announcements,
whether
or
not
illustrated, with or
without envelopes or
trimmings
Manufacture
from
materials
of
any
heading, except those
of
headings 4909
and 4911
4910
Calendars
kind,
including
blocks:
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
of any
printed,
calendar
86
EN
(1)
(2)
(3)
or
(4)
Manufacture
from
materials
of
any
heading, except those
of
headings 4909
and 4911
ex Chapter
50
Manufacture
from
materials
of
any
heading, except that of
the product
ex 5003
5004
to Silk yarn and yarn Manufacture from (19):
ex 5006
spun from silk waste
- raw silk or silk waste,
carded or combed or
otherwise prepared for
spinning,
- other natural fibres,
not carded or combed
or otherwise prepared
for spinning,
- chemical materials or
textile pulp, or
- paper-making
materials
5007
19
20
EN
from
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
87
EN
(1)
(2)
- Other
(3)
or
(4)
ex Chapter
51
21
EN
Manufacture
from
materials
of
any
heading, except that of
the product
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
88
EN
(1)
5106
5110
(2)
(3)
or
(4)
5111
5113
to Woven fabrics of
wool, of fine or coarse
animal hair or of
horsehair:
- Incorporating rubber Manufacture
thread
single yarn (23)
- Other
from
22
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
24
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
23
EN
89
EN
(1)
(2)
(3)
or
(4)
Printing accompanied
by
at
least
two
preparatory or finishing
operations (such as
scouring,
bleaching,
mercerising,
heat
setting,
raising,
calendering,
shrink
resistance processing,
permanent
finishing,
decatising,
impregnating, mending
and burling), provided
that the value of the
unprinted fabric used
does not exceed 47.5%
of the ex-works price of
the product
ex Chapter
52
5204
5207
Manufacture
from
materials
of
any
heading, except that of
the product
5208
5212
to Woven
cotton:
fabrics
of
from
25
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
27
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
26
EN
90
EN
(1)
(2)
(3)
or
(4)
- coir yarn,
- natural fibres,
- man-made
staple
fibres, not carded or
combed or otherwise
prepared for spinning,
- chemical materials or
textile pulp, or
- paper
or
Printing accompanied
by
at
least
two
preparatory or finishing
operations (such as
scouring,
bleaching,
mercerising,
heat
setting,
raising,
calendering,
shrink
resistance processing,
permanent
finishing,
decatising,
impregnating, mending
and burling), provided
that the value of the
unprinted fabric used
does not exceed 47.5 %
of the ex-works price of
the product
ex Chapter
53
EN
Other
vegetable
textile fibres; paper
yarn
and
woven
fabrics of paper yarn;
except for:
Manufacture
from
materials
of
any
heading, except that of
the product
91
EN
(1)
5306
5308
(2)
(3)
or
(4)
to Yarn
of
other Manufacture from (28):
vegetable
textile - raw silk or silk waste,
fibres; paper yarn
carded or combed or
otherwise prepared for
spinning,
- natural fibres, not
carded or combed or
otherwise prepared for
spinning,
- chemical materials or
textile pulp, or
- paper-making
materials
5309
5311
to Woven fabrics of
other vegetable textile
fibres; woven fabrics
of paper yarn:
- Incorporating rubber Manufacture
thread
single yarn (29)
- Other
from
28
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
30
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
29
EN
92
EN
(1)
(2)
(3)
or
(4)
Printing accompanied
by
at
least
two
preparatory or finishing
operations (such as
scouring,
bleaching,
mercerising,
heat
setting,
raising,
calendering,
shrink
resistance processing,
permanent
finishing,
decatising,
impregnating, mending
and burling), provided
that the value of the
unprinted fabric used
does not exceed 47.5 %
of the ex-works price of
the product
5401
5406
5407
5408
from
31
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
33
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
32
EN
93
EN
(1)
(2)
(3)
or
(4)
- coir yarn,
- natural fibres,
- man-made
staple
fibres, not carded or
combed or otherwise
prepared for spinning,
- chemical materials or
textile pulp, or
- paper
or
Printing accompanied
by
at
least
two
preparatory or finishing
operations (such as
scouring,
bleaching,
mercerising,
heat
setting,
raising,
calendering,
shrink
resistance processing,
permanent
finishing,
decatising,
impregnating, mending
and burling), provided
that the value of the
unprinted fabric used
does not exceed 47.5 %
of the ex-works price of
the product
5501
5507
EN
to Man-made
fibres
staple Manufacture
from
chemical materials or
textile pulp
94
EN
(1)
5508
5511
(2)
(3)
or
(4)
5512
5516
to Woven fabrics of
man-made
staple
fibres:
- Incorporating rubber Manufacture
thread
single yarn (35)
- Other
from
34
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
36
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
35
EN
95
EN
(1)
(2)
(3)
or
(4)
Printing accompanied
by
at
least
two
preparatory or finishing
operations (such as
scouring,
bleaching,
mercerising,
heat
setting,
raising,
calendering,
shrink
resistance processing,
permanent
finishing,
decatising,
impregnating, mending
and burling), provided
that the value of the
unprinted fabric used
does not exceed 47.5 %
of the ex-works price of
the product
ex Chapter
56
5602
37
38
EN
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
96
EN
(1)
(2)
(3)
- polypropylene
filament
heading 5402,
or
(4)
of
- polypropylene fibres
of
heading 5503
or 5506, or
- polypropylene
filament
tow
heading 5501,
of
of
which
the
denomination in all
cases of a single
filament or fibre is less
than 9 decitex, may be
used, provided that
their total value does
not exceed 40 % of the
ex-works price of the
product
- Other
5604
39
EN
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
97
EN
(1)
(2)
(3)
or
(4)
- Other
Metallised
yarn,
whether
or
not
gimped, being textile
yarn, or strip or the
like of heading 5404
or 5405,
combined
with metal in the form
of thread, strip or
powder or covered
with metal
5606
Chapter 57
Carpets and
textile
coverings:
other
floor
40
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
42
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
41
EN
98
EN
(1)
(2)
- Of needleloom felt
(3)
or
(4)
of
- polypropylene fibres
of heading 5503 or
5506, or
- polypropylene
filament
tow
heading 5501,
of
of
which
the
denomination in all
cases of a single
filament or fibre is less
than 9 decitex, may be
used, provided that
their total value does
not exceed 40 % of the
ex-works price of the
product
Jute fabric may be used
as a backing
- Of other felt
43
44
EN
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
99
EN
(1)
(2)
(3)
or
(4)
- Other
Special
woven
fabrics; tufted textile
fabrics;
lace;
tapestries; trimmings;
embroidery;
except
for:
- Combined
rubber thread
- Other
with Manufacture
single yarn (46)
from
45
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
47
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
46
EN
100
EN
(1)
(2)
(3)
or
(4)
Printing accompanied
by
at
least
two
preparatory or finishing
operations (such as
scouring,
bleaching,
mercerising,
heat
setting,
raising,
calendering,
shrink
resistance processing,
permanent
finishing,
decatising,
impregnating, mending
and burling), provided
that the value of the
unprinted fabric used
does not exceed 47.5 %
of the ex-works price of
the product
5805
Hand-woven
tapestries of the types
Gobelins, Flanders,
Aubusson, Beauvais
and the like, and
needle-worked
tapestries
(for
example, petit point,
cross stitch), whether
or not made up
Manufacture
from
materials
of
any
heading, except that of
the product
5810
EN
101
EN
(1)
(2)
(3)
5901
5902
or
(4)
5903
EN
- Other
Manufacture
from
chemical materials or
textile pulp
Textile
fabrics
impregnated, coated,
covered or laminated
with plastics, other
than
those
of
heading 5902
102
EN
(1)
(2)
(3)
5904
5905
Textile
coverings:
or
(4)
from
wall
48
49
EN
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
103
EN
(1)
(2)
(3)
or
(4)
Printing accompanied
by
at
least
two
preparatory or finishing
operations (such as
scouring,
bleaching,
mercerising,
heat
setting,
raising,
calendering,
shrink
resistance processing,
permanent
finishing,
decatising,
impregnating, mending
and burling), provided
that the value of the
unprinted fabric used
does not exceed 47.5 %
of the ex-works price of
the product
5906
Rubberised
textile
fabrics, other than
those
of
heading 5902:
- Knitted or crocheted Manufacture from (50):
fabrics
- natural fibres,
- man-made
staple
fibres, not carded or
combed or otherwise
processed
for
spinning, or
- chemical materials or
textile pulp
- Other fabrics made Manufacture
from
of synthetic filament chemical materials
yarn,
containing
more than 90 % by
weight of textile
materials
- Other
50
EN
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
104
EN
(1)
5907
5908
(2)
(3)
Textile
fabrics
otherwise
impregnated, coated
or covered; painted
canvas
being
theatrical
scenery,
studio back-cloths or
the like
(4)
gas Manufacture
from
tubular knitted gasmantle fabric
- Other
5909
5911
or
Manufacture
from
materials
of
any
heading, except that of
the product
to Textile articles of a
kind suitable for
industrial use:
- Polishing discs or Manufacture from yarn
rings other than of or waste fabrics or rags
felt of heading 5911 of heading 6310
EN
105
EN
(1)
(2)
- Woven fabrics, of a
kind commonly used
in papermaking or
other technical uses,
felted
or
not,
whether
or
not
impregnated
or
coated, tubular or
endless with single
or multiple warp
and/or weft, or flat
woven with multiple
warp and/or weft of
heading 5911
(3)
or
(4)
following
-- yarn
of
polytetrafluoroethyle
ne (52),
-- yarn, multiple, of
polyamide,
coated
impregnated
or
covered
with
a
phenolic resin,
-- yarn of synthetic
textile
fibres
of
aromatic polyamides,
obtained
by
polycondensation of
m-phenylenediamine
and isophthalic acid,
-- monofil
of
polytetrafluoroethyle
ne (53),
-- yarn of synthetic
textile
fibres
of
poly(p-phenylene
terephthalamide),
-- glass fibre yarn,
coated with phenol
resin and gimped
with acrylic yarn (54),
51
For special conditions relating to products made of a mixture of textile materials, see Introductory note 5
The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.
53
The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.
54
The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.
52
EN
106
EN
(1)
(2)
(3)
or
(4)
-- copolyester
monofilaments of a
polyester and a resin
of terephthalic acid
and
1,4cyclohexanediethano
l and isophthalic
acid,
-- natural fibres,
-- man-made
staple
fibres not carded or
combed or otherwise
processed
for
spinning, or
-- chemical materials or
textile pulp
- Other
Chapter 60
Chapter 61
55
56
EN
Articles of apparel
and
clothing
accessories, knitted or
crocheted:
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
107
EN
(1)
(2)
(3)
or
(4)
from
ex Chapter
62
from
ex 6202,
ex 6204,
ex 6206,
ex 6209 and
ex 6211
from
57
58
59
60
61
62
63
EN
Manufacture
yarn (62)
or
Manufacture
from
unembroidered fabric,
provided that the value
of the unembroidered
fabric used does not
exceed 40 % of the exworks price of the
product (63)
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
See Introductory Note 6.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
See Introductory Note 6.
See Introductory Note 6.
See Introductory Note 6.
108
EN
(1)
(2)
(3)
or
(4)
and Handkerchiefs,
shawls,
scarves,
mufflers, mantillas,
veils and the like:
- Embroidered
Manufacture
unbleached
yarn (66)(67)
from
single
or
Manufacture
from
unembroidered fabric,
provided that the value
of the unembroidered
fabric used does not
exceed 40 % of the exworks price of the
product (68)
- Other
Manufacture
unbleached
yarn (69)(70)
from
single
or
64
65
66
67
68
69
70
EN
109
EN
(1)
(2)
(3)
or
(4)
Other
made
up
clothing accessories;
parts of garments or
of
clothing
accessories, other than
those
of
heading 6212:
- Embroidered
Manufacture
yarn (71)
from
or
Manufacture
from
unembroidered fabric,
provided that the value
of the unembroidered
fabric used does not
exceed 40 % of the exworks price of the
product (72)
71
72
EN
110
EN
(1)
(2)
(3)
or
(4)
- Fire-resistant
Manufacture
from
73
equipment of fabric yarn ( )
covered with foil of or
aluminised polyester
Manufacture
from
uncoated
fabric,
provided that the value
of the uncoated fabric
used does not exceed
40 % of the ex-works
price of the product (74)
- Interlinings
for Manufacture:
collars and cuffs, cut - from materials of any
out
heading, except that of
the product, and
- in which the value of
all the materials used
does not exceed 40 %
of the ex-works price
of the product
ex Chapter
63
6301
6304
- Other
Manufacture
yarn (75)
from
Manufacture
from
materials
of
any
heading, except that of
the product
to Blankets, travelling
rugs, bed linen etc.;
curtains etc.; other
furnishing articles:
- Of
felt,
nonwovens
- Other:
73
EN
111
EN
(1)
(2)
-- Embroidered
(3)
Manufacture
unbleached
yarn (77)(78)
or
(4)
from
single
or
Manufacture
from
unembroidered fabric
(other than knitted or
crocheted),
provided
that the value of the
unembroidered fabric
used does not exceed
40 % of the ex-works
price of the product
-- Other
6305
Manufacture
unbleached
yarn (79)(80)
from
single
6306
Tarpaulins, awnings
and sunblinds; tents;
sails
for
boats,
sailboards
or
landcraft;
camping
goods:
- Of nonwovens
Manufacture
from (82)(83):
- natural fibres, or
- chemical materials or
textile pulp
77
78
79
80
81
82
EN
112
EN
(1)
(2)
- Other
(3)
Manufacture
unbleached
yarn (84)(85)
or
(4)
from
single
6307
Other
made-up Manufacture in which
articles,
including the value of all the
dress patterns
materials used does not
exceed 40 % of the exworks price of the
product
6308
Sets consisting of
woven fabric and
yarn, whether or not
with accessories, for
making up into rugs,
tapestries,
embroidered
table
cloths or serviettes, or
similar textile articles,
put up in packings for
retail sale
ex Chapter
64
6406
Parts of footwear
(including
uppers
whether
or
not
attached to soles other
than outer soles);
removable in-soles,
heel cushions and
similar
articles;
gaiters, leggings and
similar articles, and
parts thereof
ex Chapter
65
Manufacture
from
materials
of
any
heading, except that of
the product
83
EN
113
EN
(1)
(3)
or
6505
Hats
and
other Manufacture from yarn
headgear, knitted or or textile fibres (86)
crocheted, or made up
from lace, felt or other
textile fabric, in the
piece (but not in
strips), whether or not
lined or trimmed;
hair-nets
of
any
material, whether or
not lined or trimmed
ex Chapter
66
Umbrellas,
sun
umbrellas, walkingsticks,
seat-sticks,
whips, riding-crops,
and parts thereof;
except for:
Manufacture
from
materials
of
any
heading, except that of
the product
6601
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
Chapter 67
Manufacture
from
materials
of
any
heading, except that of
the product
ex Chapter
68
Articles of stone,
plaster,
cement,
asbestos, mica or
similar
materials;
except for:
Manufacture
from
materials
of
any
heading, except that of
the product
ex 6803
from
ex 6812
from
any
86
EN
(2)
(4)
114
EN
(1)
(2)
(3)
ex 6814
Articles of mica,
including
agglomerated
or
reconstituted mica, on
a support of paper,
paperboard or other
materials
Manufacture
from
worked mica (including
agglomerated
or
reconstituted mica)
Chapter 69
Ceramic products
Manufacture
from
materials
of
any
heading, except that of
the product
ex Chapter
70
ex 7003,
Glass with a non- Manufacture
ex 7004 and reflecting layer
materials
ex 7005
heading 7001
7006
(4)
from
of
Glass
of
heading 7003, 7004
or 7005, bent, edgeworked,
engraved,
drilled, enamelled or
otherwise worked, but
not framed or fitted
with other materials:
- Glass-plate
substrates,
coated
with a dielectric thin
film, and of a
semiconductor grade
in accordance with
SEMII-standards (87)
- Other
Manufacture
materials
heading 7001
from
of
7007
Safety
glass, Manufacture
consisting
of materials
toughened (tempered) heading 7001
or laminated glass
from
of
7008
Multiple-walled
insulating units
glass
from
of
87
EN
or
Manufacture
of materials
heading 7001
115
EN
(1)
(2)
(3)
or
7009
Glass
mirrors, Manufacture
whether
or
not materials
framed,
including heading 7001
rear-view mirrors
7010
Carboys,
bottles,
flasks, jars, pots,
phials, ampoules and
other containers, of
glass, of a kind used
for the conveyance or
packing of goods;
preserving jars of
glass; stoppers, lids
and other closures, of
glass
Manufacture
from
materials
of
any
heading, except that of
the product
Glassware of a kind
used
for
table,
kitchen, toilet, office,
indoor decoration or
similar
purposes
(other than that of
heading 7010
or 7018)
Manufacture
from
materials
of
any
heading, except that of
the product
7013
(4)
from
of
or
Cutting of glassware,
provided that the total
value of the uncut
glassware used does not
exceed 50 % of the exworks price of the
product
or
Cutting of glassware,
provided that the total
value of the uncut
glassware used does not
exceed 50 % of the exworks price of the
product
or
Hand-decoration
(except
silk-screen
printing) of hand-blown
glassware,
provided
that the total value of
the
hand-blown
glassware used does not
exceed 50 % of the exworks price of the
product
ex 7019
EN
116
EN
(1)
(2)
(3)
or
ex Chapter
71
Natural or cultured
pearls, precious or
semi-precious stones,
precious
metals,
metals clad with
precious metal, and
articles
thereof;
imitation jewellery;
coin; except for:
Manufacture
from
materials
of
any
heading, except that of
the product
ex 7101
Natural or cultured
pearls, graded and
temporarily strung for
convenience
of
transport
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
(4)
ex 7102,
Worked precious or Manufacture
from
ex 7103 and semi-precious stones unworked precious or
ex 7104
(natural, synthetic or semi-precious stones
reconstructed)
7106, 7108 Precious metals:
and 7110
- Unwrought
Manufacture
from
materials
of
any
heading, except those
of headings 7106, 7108
and 7110
or
Electrolytic, thermal or
chemical separation of
precious metals of
heading 7106,
7108
or 7110
or
Alloying of precious
metals of heading 7106,
7108 or 7110 with each
other or with base
metals
- Semi-manufactured
or in powder form
EN
Manufacture
unwrought
metals
117
from
precious
EN
(1)
(2)
(3)
or
(4)
ex 7107,
Metals clad with Manufacture
from
ex 7109 and precious metals, semi- metals
clad
with
ex 7111
manufactured
precious
metals,
unwrought
7116
Articles of natural or
cultured
pearls,
precious or semiprecious
stones
(natural, synthetic or
reconstructed)
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
7117
Imitation jewellery
Manufacture
from
materials
of
any
heading, except that of
the product
or
Manufacture from base
metal parts, not plated
or
covered
with
precious
metals,
provided that the value
of all the materials used
does not exceed 50 %
of the ex-works price of
the product
EN
ex Chapter
72
7207
Semi-finished
Manufacture
from
products of iron or materials
of
non-alloy steel
heading 7201,
7202,
7203, 7204 or 7205
7208
7216
7217
118
EN
(1)
EN
(2)
(3)
or
ex 7218,
7219 to
7222
Semi-finished
Manufacture
from
products, flat-rolled ingots or other primary
products, bars and forms of heading 7218
rods, angles, shapes
and
sections
of
stainless steel
7223
Manufacture
from
semi-finished materials
of heading 7218
ex 7224,
7225 to
7228
Semi-finished
products, flat-rolled
products, hot-rolled
bars and rods, in
irregularly
wound
coils; angles, shapes
and sections, of other
alloy steel; hollow
drill bars and rods, of
alloy or non-alloy
steel
Manufacture
from
ingots or other primary
forms of heading 7206,
7218 or 7224
7229
ex Chapter
73
ex 7301
Sheet piling
Manufacture
materials
heading 7206
119
(4)
from
of
EN
(1)
7302
(3)
or
from
of
from
of
7207,
ex 7307
EN
(2)
(4)
Turning,
drilling,
reaming,
threading,
deburring
and
sandblasting of forged
blanks, provided that
the total value of the
forged blanks used does
not exceed 35 % of the
ex-works price of the
product
120
EN
(1)
(2)
(3)
7308
Structures (excluding
prefabricated
buildings
of
heading 9406)
and
parts of structures (for
example, bridges and
bridge-sections, lockgates, towers, lattice
masts, roofs, roofing
frameworks,
doors
and windows and
their
frames
and
thresholds for doors,
shutters, balustrades,
pillars and columns),
of iron or steel; plates,
rods, angles, shapes,
sections, tubes and the
like, prepared for use
in structures, of iron
or steel
Manufacture
from
materials
of
any
heading, except that of
the product. However,
welded angles, shapes
and
sections
of
heading 7301 may not
be used
ex 7315
Skid chain
Manufacture in which
the value of all the
materials
of
heading 7315 used does
not exceed 50 % of the
ex-works price of the
product
ex Chapter
74
or
(4)
EN
7401
Copper
mattes; Manufacture
from
cement
copper materials
of
any
(precipitated copper)
heading, except that of
the product
7402
Unrefined
copper; Manufacture
from
copper anodes for materials
of
any
electrolytic refining
heading, except that of
the product
121
EN
(1)
(2)
7403
(3)
or
(4)
Manufacture
from
materials
of
any
heading, except that of
the product
Manufacture
from
refined
copper,
unwrought, or waste
and scrap of copper
7404
Copper
scrap
waste
and Manufacture
from
materials
of
any
heading, except that of
the product
7405
Master
copper
alloys
of Manufacture
from
materials
of
any
heading, except that of
the product
ex Chapter
75
7501
7503
EN
Manufacture
from
materials
of
any
heading, except that of
the product
122
EN
(1)
ex Chapter
76
(2)
Aluminium
articles
except for:
(3)
or
(4)
and Manufacture:
thereof; - from materials of any
heading, except that of
the product, and
- in which the value of
all the materials used
does not exceed 50 %
of the ex-works price
of the product
7601
Unwrought
aluminium
Manufacture:
- from materials of any
heading, except that of
the product, and
- in which the value of
all the materials used
does not exceed 50 %
of the ex-works price
of the product
or
Manufacture
by
thermal or electrolytic
treatment
from
unalloyed aluminium or
waste and scrap of
aluminium
7602
EN
123
EN
(1)
ex 7616
(2)
(3)
or
(4)
Aluminium
articles Manufacture:
other than gauze, - from materials of any
cloth, grill, netting, heading, except that of
fencing, reinforcing the product. However,
fabric and similar gauze, cloth, grill,
materials (including netting,
fencing,
endless bands) of reinforcing fabric and
aluminium wire, and similar
materials
expanded metal of (including
endless
aluminium
bands) of aluminium
wire, or expanded
metal of aluminium
may be used; and
- in which the value of
all the materials used
does not exceed 50 %
of the ex-works price
of the product
Chapter 77
ex Chapter
78
7801
7802
EN
Unwrought lead:
- Refined lead
Manufacture
"bullion" or
lead
- Other
Manufacture
from
materials
of
any
heading, except that of
the product. However,
waste and scrap of
heading 7802 may not
be used
Manufacture
from
materials
of
any
heading, except that of
the product
124
from
"work"
EN
(1)
(2)
ex Chapter
79
(3)
or
(4)
7901
Unwrought zinc
Manufacture
from
materials
of
any
heading, except that of
the product. However,
waste and scrap of
heading 7902 may not
be used
7902
Manufacture
from
materials
of
any
heading, except that of
the product
ex Chapter
80
Tin
and
articles Manufacture:
thereof; except for:
- from materials of any
heading, except that of
the product, and
- in which the value of
all the materials used
does not exceed 50 %
of the ex-works price
of the product
8001
8002
8007
Unwrought tin
Chapter 81
EN
Manufacture
from
materials
of
any
heading, except that of
the product. However,
waste and scrap of
heading 8002 may not
be used
Other base
cermets;
thereof:
metals;
articles
125
EN
(1)
(2)
(3)
or
(4)
EN
- Other
Manufacture
from
materials
of
any
heading, except that of
the product
ex Chapter
82
Tools,
implements,
cutlery, spoons and
forks, of base metal;
parts thereof of base
metal; except for:
Manufacture
from
materials
of
any
heading, except that of
the product
8206
Manufacture
from
materials
of
any
heading, except those
of
headings 8202
to 8205. However, tools
of
headings 8202
to 8205
may
be
incorporated into the
set, provided that their
total value does not
exceed 15 % of the exworks price of the set
8207
126
EN
(1)
8208
(2)
(3)
or
(4)
EN
ex 8211
Manufacture
from
materials
of
any
heading, except that of
the product. However,
knife
blades
and
handles of base metal
may be used
8214
Other
articles
of
cutlery (for example,
hair
clippers,
butchers' or kitchen
cleavers,
choppers
and mincing knives,
paper
knives);
manicure or pedicure
sets and instruments
(including nail files)
Manufacture
from
materials
of
any
heading, except that of
the product. However,
handles of base metal
may be used
8215
Manufacture
from
materials
of
any
heading, except that of
the product. However,
handles of base metal
may be used
ex Chapter
83
127
EN
(1)
(3)
or
(4)
ex 8302
Other
mountings,
fittings and similar
articles suitable for
buildings,
and
automatic
door
closers
ex 8306
ex Chapter
84
Nuclear
reactors, Manufacture:
boilers,
machinery - from materials of any
and
mechanical heading, except that of
appliances;
parts the product, and
thereof; except for:
- in which the value of
all the materials used
does not exceed 40 %
of the ex-works price
of the product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
ex 8401
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
88
EN
(2)
Manufacture
from
materials
of
any
heading, except that of
the product. However,
other
materials
of
heading 8302 may be
used, provided that
their total value does
not exceed 20 % of the
ex-works price of the
product
Manufacture
from
materials
of
any
heading, except that of
the product (88)
128
EN
(1)
8402
(2)
EN
(3)
Manufacture
from
materials
of
any
heading, except those
of headings 8403 and
8404
8406
8407
Spark-ignition
reciprocating or rotary
internal combustion
piston engines
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
8408
Compression-ignition
internal combustion
piston engines (diesel
or
semi-diesel
engines)
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
8409
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
129
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
EN
(1)
EN
(2)
(3)
8411
Turbo-jets,
turbo- Manufacture:
propellers and other - from materials of any
gas turbines
heading, except that of
the product, and
8412
Other engines
motors
ex 8413
Rotary
positive Manufacture:
displacement pumps
- from materials of any
heading, except that of
the product, and
ex 8414
Industrial
fans, Manufacture:
blowers and the like
- from materials of any
heading, except that of
the product, and
8415
Air
conditioning
machines, comprising
a motor-driven fan
and elements for
changing
the
temperature
and
humidity, including
those machines in
which the humidity
cannot be separately
regulated
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
- in which the value of product
all the materials used
does not exceed 40 %
of the ex-works price
of the product
130
EN
(1)
8418
(2)
(3)
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
131
EN
(1)
(2)
(3)
or
(4)
8423
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
8425
8428
to Lifting,
handling, Manufacture in which:
loading or unloading - the value of all the
machinery
materials used does
not exceed 40 % of
the ex-works price of
the product, and
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Self-propelled
bulldozers,
angledozers, graders,
levellers,
scrapers,
mechanical shovels,
excavators,
shovel
loaders,
tamping
machines and road
rollers:
- Road rollers
EN
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
132
EN
(1)
(2)
- Other
(3)
Manufacture in which:
- the value of all the
materials used does
not exceed 40 % of
the ex-works price of
the product, and
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
8430
Other
moving, Manufacture in which:
grading,
levelling, - the value of all the
scraping, excavating, materials used does
tamping, compacting, not exceed 40 % of
extracting or boring the ex-works price of
machinery, for earth, the product, and
minerals or ores; piledrivers and pile- - within the above limit,
extractors;
snow- the value of all the
of
ploughs and snow- materials
heading 8431
used
blowers
does not exceed 10 %
of the ex-works price
of the product
ex 8431
133
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
(1)
8439
(2)
(3)
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
8444
8447
EN
134
EN
(1)
(2)
ex 8448
Auxiliary machinery
for use with machines
of
headings 8444
and 8445
8452
Sewing
machines,
other than booksewing machines of
heading 8440;
furniture, bases and
covers
specially
designed for sewing
machines;
sewing
machine needles:
(3)
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
- Sewing
machines Manufacture in which:
(lock stitch only) - the value of all the
with heads of a materials used does
weight not exceeding not exceed 40 % of
16 kg without motor the ex-works price of
or 17 kg with motor
the product,
- the value of all the
non-originating
materials used in
assembling the head
(without motor) does
not exceed the value
of all the originating
materials used, and
- the
thread-tension,
crochet and zigzag
mechanisms used are
originating
- Other
8456
8466
EN
to Machine-tools
and
machines and their
parts and accessories
of headings 8456 to
8466
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
135
EN
(1)
EN
(2)
(3)
8469
8472
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
8480
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
8482
Manufacture:
8484
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex 8486
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
or
(4)
Manufacture in which
- from materials of any the value of all the
heading, except that of materials used does not
exceed 25 % of the exthe product, and
works price of the
- in which the value of product
all the materials used
does not exceed 40 %
of the ex-works price
of the product
136
EN
(1)
(2)
electron beam, ionicbeam or plasma arc
processes and parts
and
accessories
thereof
(3)
or
(4)
machine
tools
(including presses) for
working metal by
bending,
folding,
straightening,
flattening, and parts
and
accessories
thereof
- machine tools for
working
stone,
ceramics,
concrete,
asbestos-cement
or
like mineral materials
or for cold working
glass and parts and
accessories thereof
marking-out
instruments which are
pattern
generating
apparatus of a kind
used for producing
masks or reticles from
photoresist
coated
substrates; parts and
accessories thereof
- moulds, injection or Manufacture in which
compression types
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
- lifting, handing, Manufacture in which:
loading or unloading - the value of all the
machinery
materials used does
not exceed 40 % of
the ex-works price of
the product, and
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
137
EN
(1)
(2)
(3)
or
materials
of
heading 8431
used
does not exceed 10 %
of the ex-works price
of the product
(4)
8487
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex Chapter
85
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
8501
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
138
EN
(1)
8502
(2)
(3)
Electric
generating Manufacture in which:
sets
and
rotary - the value of all the
converters
materials used does
not exceed 40 % of
the ex-works price of
the product, and
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
ex 8504
ex 8517
Manufacture in which:
- the value of all the
materials used does
not exceed 40 % of
the ex-works price of
the product, and
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
139
EN
(1)
(2)
(3)
or
(4)
ex 8518
Microphones
and Manufacture in which:
stands
therefore; - the value of all the
loudspeakers, whether materials used does
or not mounted in not exceed 40 % of
their
enclosures; the ex-works price of
audio-frequency
the product, and
electric
amplifiers;
electric
sound - the value of all the
non-originating
amplifier sets
materials used does
not exceed the value
of all the originating
materials used
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
8519
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
140
EN
(1)
8523
(2)
(3)
- Unrecorded discs,
tapes, solid-state nonvolatile
storage
devices and other
media
for
the
recording of sound or
of other phenomena,
but
excluding
products of Chapter
37;
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
Manufacture in which:
- the value of all the
materials used does
not exceed 40 % of
the ex-works price of
the product, and
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
141
EN
(1)
(2)
(3)
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
EN
142
EN
(1)
(2)
(3)
or
(4)
8525
Transmission
Manufacture in which:
apparatus for radio- - the value of all the
broadcasting
or materials used does
television, whether or not exceed 40 % of
not
incorporating the ex-works price of
reception apparatus or the product, and
sound recording or
- the value of all the
reproducing
apparatus; television non-originating
cameras,
digital materials used does
cameras and video not exceed the value
of all the originating
camera recorders
materials used
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
8526
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
EN
143
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
EN
(1)
8528
(2)
monitors
and
projectors,
not
incorporating
television reception
apparatus, of a kind
solely or principally
used in an automatic
data-processing
system of heading
8471
(3)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
EN
(4)
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
or
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
144
EN
(1)
(2)
(3)
Manufacture:
-Other
Manufacture in which:
or
(4)
Manufacture in which
- from materials of any the value of all the
heading, except that of materials used does not
exceed 30 % of the exthe product, and
works price of the
-in which the value of product
all the materials used
does not exceed 40 %
of the ex-works price of
the product
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
EN
145
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
(1)
8536
(2)
(3)
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
connectors
for
optical fibres, optical
fibre
bundles
or
cables
-- of plastics
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
-- of ceramics
Manufacture
from
materials
of
any
heading, except that of
the product
-- of copper
Manufacture:
- from materials of any
heading, except that of
the product, and
- in which the value of
all the materials used
does not exceed 50 %
of the ex-works price
of the product
EN
146
EN
(1)
EN
(2)
(3)
or
(4)
8537
Boards,
panels, Manufacture in which:
consoles,
desks, - the value of all the
cabinets and other materials used does
bases, equipped with not exceed 40 % of
two or more apparatus the ex-works price of
of
heading 8535 the product, and
or 8536, for electric
control
or
the - within the above limit,
distribution
of the value of all the
of
electricity, including materials
heading
8538
used
those
incorporating
instruments
or does not exceed 10 %
apparatus
of of the ex-works price
Chapter 90,
and of the product
numerical
control
apparatus, other than
switching apparatus
of heading 8517
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
ex 8541
Diodes,
transistors Manufacture:
and similar semi- - from materials of any
conductor
devices, heading, except that of
except wafers not yet the product, and
cut into chips
- in which the value of
all the materials used
does not exceed 40 %
of the ex-works price
of the product
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
ex 8542
Electronic integrated
circuits
147
EN
(1)
(2)
- Monolithic
integrated circuits
(3)
Manufacture in which:
- the value of all the
materials used does
not exceed 40 % of
the ex-works price of
the product, and
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
EN
148
EN
(1)
(2)
- others
(3)
or
Manufacture in which:
- the value of all
materials used does
exceed 40 % of the
works price of
product, and
the
not
exthe
(4)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
EN
8544
Insulated (including
enamelled
or
anodised) wire, cable
(including
coaxial
cable)
and
other
insulated
electric
conductors, whether
or not fitted with
connectors;
optical
fibre cables, made up
of
individually
sheathed
fibres,
whether
or
not
assembled
with
electric conductors or
fitted with connectors
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
8545
Carbon
electrodes,
carbon brushes, lamp
carbons,
battery
carbons and other
articles of graphite or
other carbon, with or
without metal, of a
kind
used
for
electrical purposes
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
8546
149
EN
(1)
(2)
(3)
8547
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
8548
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
within
the
above limit, the value
of all the materials of
headings 8541
and 8542 used does not
exceed 10 % of the exworks price of the
EN
150
EN
(1)
(2)
(3)
or
(4)
product
EN
ex Chapter
86
Railway or tramway
locomotives, rollingstock
and
parts
thereof; railway or
tramway
track
fixtures and fittings
and parts thereof;
mechanical (including
electro-mechanical)
traffic
signalling
equipment of all
kinds; except for:
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
8608
ex Chapter
87
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
151
EN
(1)
(2)
(3)
or
(4)
8709
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
8710
Tanks
and
other Manufacture:
armoured
fighting - from materials of any
vehicles, motorized, heading, except that of
whether or not fitted the product, and
with weapons, and
parts of such vehicles - in which the value of
all the materials used
does not exceed 40 %
of the ex-works price
of the product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
8711
Motorcycles
(including mopeds)
and cycles fitted with
an auxiliary motor,
with or without sidecars; side-cars:
- With reciprocating
internal combustion
piston engine of a
cylinder capacity:
-- Not
50 cm3
Manufacture in which
the value of all the
materials used does not
exceed 20 % of the exworks price of the
product
EN
152
EN
(1)
(2)
-- Exceeding 50 cm3
(3)
Manufacture in which:
- the value of all the
materials used does
not exceed 40 % of
the ex-works price of
the product, and
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
Manufacture in which:
- the value of all the
materials used does
not exceed 40 % of
the ex-works price of
the product, and
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
ex 8712
8715
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
- in which the value of product
all the materials used
does not exceed 40 %
of the ex-works price
of the product
153
EN
(1)
EN
(2)
(3)
or
(4)
8716
Trailers and
trailers;
vehicles,
mechanically
propelled;
thereof
semi- Manufacture:
other - from materials of any
not heading, except that of
the product, and
parts
- in which the value of
all the materials used
does not exceed 40 %
of the ex-works price
of the product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
ex Chapter
88
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex 8804
Rotochutes
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 8804
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
8805
Aircraft
launching
gear; deck-arrestor or
similar gear; ground
flying trainers; parts
of
the
foregoing
articles
Manufacture
from
materials
of
any
heading, except that of
the product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Chapter 89
Ships,
boats
and Manufacture
from
floating structures
materials
of
any
heading, except that of
the product. However,
hulls of heading 8906
may not be used
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
ex Chapter
90
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
154
EN
(1)
EN
(2)
(3)
9001
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
9002
Lenses,
prisms,
mirrors and other
optical elements, of
any
material,
mounted, being parts
of or fittings for
instruments
or
apparatus, other than
such elements of glass
not optically worked
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
9004
Spectacles, goggles
and
the
like,
corrective, protective
or other
Manufacture in which
the value of all the
materials used does not
exceed 40% of the exworks price of the
product
155
or
(4)
EN
(1)
ex 9005
(2)
(3)
Binoculars,
Manufacture:
monoculars,
other - from materials of any
optical telescopes, and heading, except that of
mountings therefor, the product,
except
for
- in which the value of
astronomical
refracting telescopes all the materials used
and
mountings does not exceed 40 %
of the ex-works price
therefor
of the product; and
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
156
EN
(1)
9007
(2)
(3)
Cinematographic
Manufacture:
cameras
and - from materials of any
projectors, whether or heading, except that of
not
incorporating the product,
sound recording or
reproducing apparatus - in which the value of
all the materials used
does not exceed 40 %
of the ex-works price
of the product, and
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Compound
optical Manufacture:
microscopes,
- from materials of any
including those for heading, except that of
photomicrography,
the product,
cinephotomicrograph
- in which the value of
y or microprojection
all the materials used
does not exceed 40 %
of the ex-works price
of the product, and
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
Other
navigational Manufacture in which
instruments
and the value of all the
appliances
materials used does not
exceed 40 % of the exworks price of the
product
157
EN
(1)
EN
(2)
(3)
9015
Surveying (including
photogrammetrical
surveying),
hydrographic,
oceanographic,
hydrological,
meteorological
or
geophysical
instruments
and
appliances, excluding
compasses;
rangefinders
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
9016
Balances
of
a
sensitivity of 5 cg or
better, with or without
weights
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
9017
Drawing, marking-out
or
mathematical
calculating
instruments
(for
example,
drafting
machines,
pantographs,
protractors, drawing
sets, slide rules, disc
calculators);
instruments
for
measuring length, for
use in the hand (for
example, measuring
rods
and
tapes,
micrometers,
callipers),
not
specified or included
elsewhere in this
chapter
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
158
or
(4)
EN
(1)
9018
9019
EN
(2)
(3)
or
(4)
Instruments
and
appliances used in
medical,
surgical,
dental or veterinary
sciences,
including
scintigraphic
apparatus,
other
electro-medical
apparatus and sighttesting instruments:
- Dentists'
chairs
incorporating dental
appliances
or
dentists' spittoons
Manufacture
from
materials
of
any
heading,
including
other
materials
of
heading 9018
- Other
Manufacture:
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
Manufacture in which
- from materials of any the value of all the
heading, except that of materials used does not
exceed 25 % of the exthe product, and
works price of the
- in which the value of product
all the materials used
does not exceed 40 %
of the ex-works price
of the product
Mechano-therapy
Manufacture:
appliances; massage - from materials of any
apparatus;
heading, except that of
psychological
the product, and
aptitude-testing
apparatus;
ozone - in which the value of
therapy,
oxygen all the materials used
therapy,
aerosol does not exceed 40 %
therapy,
artificial of the ex-works price
respiration or other of the product
therapeutic respiration
apparatus
159
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
EN
(1)
EN
(2)
(3)
9020
Other
breathing Manufacture:
appliances and gas - from materials of any
masks,
excluding heading, except that of
protective
masks the product, and
having
neither
mechanical parts nor - in which the value of
all the materials used
replaceable filters
does not exceed 40 %
of the ex-works price
of the product
9024
Machines
and
appliances for testing
the hardness, strength,
compressibility,
elasticity or other
mechanical properties
of
materials
(for
example,
metals,
wood, textiles, paper,
plastics)
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
9025
Hydrometers
and
similar
floating
instruments,
thermometers,
pyrometers,
barometers,
hygrometers
and
psychrometers,
recording or not, and
any combination of
these instruments
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
9026
Instruments
and
apparatus
for
measuring
or
checking the flow,
level, pressure or
other variables of
liquids or gases (for
example, flow meters,
level
gauges,
manometers,
heat
meters),
excluding
instruments
and
apparatus
of
heading 9014, 9015,
9028 or 9032
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
160
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 25 % of the exworks price of the
product
EN
(1)
(2)
9027
Instruments
and
apparatus for physical
or chemical analysis
(for
example,
polarimeters,
refractometers,
spectrometers, gas or
smoke
analysis
apparatus);
instruments
and
apparatus
for
measuring
or
checking
viscosity,
porosity, expansion,
surface tension or the
like; instruments and
apparatus
for
measuring
or
checking quantities of
heat, sound or light
(including exposure
meters); microtomes
9028
Gas,
liquid
or
electricity supply or
production
meters,
including calibrating
meters therefor:
(3)
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
- Other
Manufacture in which:
- the value of all the
materials used does
not exceed 40 % of
the ex-works price of
the product, and
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
161
EN
(1)
EN
(2)
(3)
9029
Revolution counters,
production counters,
taximeters,
mileometers,
pedometers and the
like; speed indicators
and
tachometers,
other than those of
heading 9014
or 9015; stroboscopes
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
9030
Oscilloscopes,
spectrum
analysers
and other instruments
and apparatus for
measuring
or
checking
electrical
quantities, excluding
meters
of
heading 9028;
instruments
and
apparatus
for
measuring
or
detecting alpha, beta,
gamma,
X-ray,
cosmic
or
other
ionizing radiations
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
9031
Measuring
or
checking instruments,
appliances
and
machines,
not
specified or included
elsewhere in this
chapter;
profile
projectors
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
9032
Automatic regulating
or
controlling
instruments
and
apparatus
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
162
or
(4)
EN
(1)
(2)
(3)
9033
ex Chapter
91
9105
Other clocks
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
Manufacture in which:
- the value of all the
materials used does
not exceed 40 % of
the ex-works price of
the product, and
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Clock
movements, Manufacture in which:
complete
and - the value of all the
assembled
materials used does
not exceed 40 % of
the ex-works price of
the product, and
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
EN
163
EN
(1)
(2)
9110
9111
9112
9113
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
- in which the value of product
all the materials used
does not exceed 40 %
of the ex-works price
of the product
- Of
base
metal,
whether or not goldor silver-plated, or of
metal clad with
precious metal
EN
(3)
Manufacture in which
the value of all the
materials used does not
exceed 30 % of the exworks price of the
product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
164
EN
(1)
(2)
- Other
(3)
or
(4)
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
Chapter 92
Chapter 93
Arms
and Manufacture in which
ammunition; parts and the value of all the
accessories thereof
materials used does not
exceed 50 % of the exworks price of the
product
ex Chapter
94
Furniture;
bedding,
mattresses, mattress
supports,
cushions
and similar stuffed
furnishings;
lamps
and lighting fittings,
not
elsewhere
specified or included;
illuminated
signs,
illuminated
nameplates and the like;
prefabricated
buildings; except for:
Manufacture
from
materials
of
any
heading, except that of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
Manufacture
from
materials
of
any
heading, except that of
the product
Manufacture in which
the value of all the
materials used does not
exceed 40 % of the exworks price of the
product
or
Manufacture
from
cotton cloth already
made up in a form
ready for use with
materials
of
heading 9401 or 9403,
provided that:
EN
165
EN
(1)
(2)
(3)
or
(4)
EN
9405
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
9406
Prefabricated
buildings
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
ex Chapter
95
Manufacture
from
materials
of
any
heading, except that of
the product
ex 9503
166
EN
(1)
(2)
(3)
ex 9506
ex Chapter
96
Miscellaneous
Manufacture
from
manufactured articles; materials
of
any
except for:
heading, except that of
the product
or
(4)
EN
ex 9603
Manufacture in which
the value of all the
materials used does not
exceed 50 % of the exworks price of the
product
9605
Travel
sets
for
personal
toilet,
sewing or shoe or
clothes cleaning
167
EN
(1)
EN
(2)
(3)
9606
Buttons,
press- Manufacture:
fasteners,
snap- - from materials of any
fasteners and press- heading, except that of
studs, button moulds the product, and
and other parts of
these articles; button - in which the value of
all the materials used
blanks
does not exceed 50 %
of the ex-works price
of the product
9608
9612
ex 9613
ex 9614
or
(4)
Manufacture
from
materials
of
any
heading, except that of
the product. However,
nibs or nib-points of the
same heading as the
product may be used
168
EN
(1)
Chapter 97
EN
(2)
(3)
or
(4)
Works
of
art, Manufacture
from
collectors' pieces and materials
of
any
antiques
heading, except that of
the product
169
EN
ANNEX III
SPECIMENS OF MOVEMENT CERTIFICATE EUR.1
AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1
Printing instructions
1.
Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm
in the length may be allowed. The paper used must be white, sized for writing, not containing
mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche
pattern background making any falsification by mechanical or chemical means apparent to the
eye.
2.
The competent authorities of the Parties may reserve the right to print the forms
themselves or may have them printed by approved printers. In the latter case, each form shall
include a reference to such approval. Each form shall bear the name and address of the printer or
a mark by which the printer can be identified. It shall also bear a serial number, either printed or
not, by which it can be identified.
EN
170
EN
EN
171
EN
EN
172
EN
EN
173
EN
...
...
...
...
UNDERTAKE
to submit, at the request of the appropriate authorities, any supporting
evidence which these authorities may require for the purpose of issuing the attached certificate,
and undertake, if required, to agree to any inspection of my accounts and to any check on the
processes of manufacture of the above goods, carried out by the said authorities;
REQUEST
(Signature)
(1)
For example: import documents, movement certificates, invoices, manufacturer's declarations, etc., referring to
the products used in manufacture or to the goods re-exported in the same state.
EN
174
EN
ANNEX IV
TEXT OF THE ORIGIN DECLARATION
The origin declaration, the text of which is given below, must be made out in accordance with
the footnotes. However, the footnotes do not have to be reproduced.
Bulgarian version
, ( (1))
, ,
(2).
Spanish version
El exportador de los productos incluidos en el presente documento (autorizacin aduanera n
(1)) declara que, salvo indicacin en sentido contrario, estos productos gozan de un origen
preferencial (2).
Czech version
Vvozce vrobk uvedench v tomto dokumentu (slo povolen (1)) prohlauje, e krom
zeteln oznaench maj tyto vrobky preferenn pvod v (2).
Danish version
Eksportren af varer, der er omfattet af nrvrende dokument, (toldmyndighedernes tilladelse
nr. ...(1)), erklrer, at varerne, medmindre andet tydeligt er angivet, har prferenceoprindelse i
...(2).
German version
Der Ausfhrer (Ermchtigter Ausfhrer; Bewilligungs-Nr. ...(1)) der Waren, auf die sich dieses
Handelspapier bezieht, erklrt, dass diese Waren, soweit nicht anderes angegeben,
prferenzbegnstigte ...(2) Ursprungswaren sind.
Estonian version
Kesoleva dokumendiga hlmatud toodete eksportija (tolliameti kinnitus nr. ...(1)) deklareerib, et
need tooted on ...(2) sooduspritoluga, vlja arvatud juhul kui on selgelt nidatud teisiti.
Greek version
( .
...(1)) , ,
...(2).
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English version
The exporter of the products covered by this document (customs authorization No ...(1)) declares
that, except where otherwise clearly indicated, these products are of ...(2) preferential origin.
French version
L'exportateur des produits couverts par le prsent document (autorisation douanire n ...(1))
dclare que, sauf indication claire du contraire, ces produits ont l'origine prfrentielle ...(2).
Italian version
L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. ...(1))
dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ...(2).
Latvian version
Eksporttjs produktiem, kuri ietverti aj dokument (muitas pilnvara Nr. (1)), deklar, ka,
izemot tur, kur ir citdi skaidri noteikts, iem produktiem ir priekrocbu izcelsme no (2).
Lithuanian version
iame dokumente ivardint preki eksportuotojas (muitins liudijimo Nr. (1)) deklaruoja, kad,
jeigu kitaip nenurodyta, tai yra (2) preferencins kilms preks.
Croatian version
Izvoznik proizvoda obuhvaenih ovom ispravom (carinsko ovlatenje br...(1)) izjavljuje
da su, osim ako je drukije izriito navedeno, ovi proizvodi(2) preferencijalnog
podrijetla.
Hungarian version
A jelen okmnyban szerepl ruk exportre (vmfelhatalmazsi szm: (1)) kijelentem, hogy
eltr egyrtelm jelzs hinyban az ruk kedvezmnyes (2) szrmazsak.
Maltese version
L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana nru. (1))
jiddikjara li, lief fejn indikat b'mod ar li mhux hekk, dawn il-prodotti huma ta' oriini
preferenzjali (2).
Dutch version
De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr.
...(1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van
preferentile ... oorsprong zijn (2).
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Polish version
Eksporter produktw objtych tym dokumentem (upowanienie wadz celnych nr (1))
deklaruje, e z wyjtkiem gdzie jest to wyranie okrelone, produkty te maj (2) preferencyjne
pochodzenie.
Portuguese version
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorizao
aduaneira n (1)), declara que, salvo expressamente indicado em contrrio, estes produtos so de
origem preferencial ...(2).
Romanian version
Exportatorul produselor ce fac obiectul acestui document (autorizaia vamal nr. (1)) declar
c, exceptnd cazul n care n mod expres este indicat altfel, aceste produse sunt de origine
preferenial (2).
Slovenian version
Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov t (1)) izjavlja, da,
razen e ni drugae jasno navedeno, ima to blago preferencialno (2) poreklo.
Slovak version
Vvozca vrobkov uvedench v tomto dokumente (slo povolenia (1)) vyhlasuje, e okrem
zretene oznaench, maj tieto vrobky preferenn pvod v (2).
Finnish version
Tss asiakirjassa mainittujen tuotteiden viej (tullin lupa n:o ...(1)) ilmoittaa, ett nm tuotteet
ovat, ellei toisin ole selvsti merkitty, etuuskohteluun oikeutettuja ... alkupertuotteita (2).
Swedish version
Exportren av de varor som omfattas av detta dokument (tullmyndighetens tillstnd nr. ...(1))
frskrar att dessa varor, om inte annat tydligt markerats, har frmnsberttigande ... ursprung (2).
Moldovan version
Exportatorul produselor ce fac obiectul acestui document (autorizaia vamal nr. (1)) declar
c, exceptnd cazul n care n mod expres este indicat altfel, aceste produse sunt de origine
preferenial (2).
............................................3
(Place and date)
.................................4
(Signature of the exporter, in addition the name of the person signing the declaration has to be indicated in clear
script)
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3
4
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When the origin declaration is made out by an approved exporter, the authorization number of the approved
exporter must be enter in this space. When the origin declaration is not made out by an approved exporter,
the words in brackets shall be omitted or the space left blank.
Origin of products to be indicated. When the origin declaration relates in whole or in part, to products
originating in Ceuta and Melilla, the exporter must clearly indicate them in the document on which the
declaration is made out by means of the symbol "CM".
These indications may be omitted if the information is contained on the document itself.
In cases where the exporter is not required to sign, the exemption of signature also implies the exemption
of the name of the signatory.
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JOINT DECLARATION
CONCERNING THE PRINCIPALITY OF ANDORRA
1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the
Harmonised System shall be accepted by the Republic of Moldova as originating in the
European Union within the meaning of this Agreement.
2. Protocol II concerning the definition of originating products and methods of administrative
cooperation shall apply mutatis mutandis for the purpose of defining the originating status of
the above-mentioned products.
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JOINT DECLARATION
CONCERNING THE REPUBLIC OF SAN MARINO
1. Products originating in the Republic of San Marino shall be accepted by the Republic of
Moldova as originating in the European Union within the meaning of this Agreement.
2. Protocol II concerning 'the definition of originating products and methods of administrative
cooperation' shall apply mutatis mutandis for the purpose of defining the originating status of
the above-mentioned products.
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JOINT DECLARATION
CONCERNING THE REVISION OF THE RULES OF ORIGIN CONTAINED IN
PROTOCOL II CONCERNING THE DEFINITION OF ORIGINATING PRODUCTS
AND METHODS OF ADMINISTRATIVE COOPERATION
1. The Parties agree to review the rules of origin contained in this Protocol concerning 'the
definition of originating products and methods of administrative co-operation and discuss the
necessary amendments upon request of either Party. In such discussions, the Parties shall take
into account the development of technologies, production processes, price fluctuations and all
other factors which might justify the changes to the rules.
2. Annex II to Protocol II concerning the definition of originating products and methods of
administrative cooperation will be adapted in accordance with the periodical changes to the
Harmonised System.
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PROTOCOLS
to the
Association Agreement
between the European Union and the European
Atomic Energy Community and their Member States,
of the one part, and the Republic of Moldova, of the
other part
Version: 26/11/2013
EN
EN
"customs legislation" means any legal or regulatory provision applicable in the territories
of the Parties, governing the import, export and transit of goods and their placing under
any other customs regime or procedure, including measures on prohibition, restriction and
control thereof;
(b) "applicant authority" means a competent administrative authority which makes a request
for assistance on the basis of this Protocol and which has been designated by a Party for
this purpose;
(c)
(d)
(e)
1.
The Parties shall assist each other, in the areas of their competence, in the manner and
under the conditions laid down in this Protocol, to ensure the correct application of their customs
legislation, in particular by preventing, investigating and combating operations in breach of that
legislation.
2.
The assistance in customs matters, as provided for in this Protocol, shall apply to any
administrative authority of the Parties which is competent for the application of this Protocol. It
shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover
exchange of information obtained under powers exercised at the request of a judicial authority,
except where the communication of such information is authorised by that authority.
3.
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The assistance to recover duties, taxes or fines is not covered by this Protocol.
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Article 3
Assistance on request
1.
At the request of the applicant authority, the requested authority shall provide the former
with all relevant information which may enable the former to ensure that customs legislation is
correctly applied, including information regarding activities noted or planned which are or could
be operations in breach of customs legislation.
2.
At the request of the applicant authority, the requested authority shall inform the former:
(a)
whether goods exported from the territory of one of the Parties have been
properly imported into the territory of the other Party, specifying, where
appropriate, the customs procedure applied to the goods;
(b)
whether goods imported into the territory of one of the Parties have been properly
exported from the territory of the other Party, specifying, where appropriate, the
customs procedure applied to the goods.
3.
At the request of the applicant authority, the requested authority shall, within the
framework of its legal or regulatory provisions, take the necessary steps to ensure special
surveillance of:
(a)
natural or legal persons in respect of whom there are reasonable grounds for
believing that they are or have been involved in operations in breach of customs
legislation;
(b)
places where stocks of goods have been or may be assembled in such a way that
there are reasonable grounds for believing that these goods are intended to be
used in operations in breach of customs legislation;
(c)
goods that are or may be transported in such a way that there are reasonable
grounds for believing that they are intended to be used in operations in breach of
customs legislation;
(d)
means of transport that are or may be used in such a way that there are reasonable
grounds for believing that they are intended to be used in operations in breach of
customs legislation.
Article 4
Spontaneous assistance
The Parties shall assist each other, at their own initiative and in accordance with their legal or
regulatory provisions, if they consider that to be necessary for the correct application of customs
legislation, in particular by providing information pertaining to:
EN
(a)
activities which are or appear to be operations in breach of customs legislation and which
may be of interest to the other Party;
(b)
(c)
(d)
natural or legal persons in respect of whom there are reasonable grounds for believing
that they are or have been involved in operations in breach of customs legislation;
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(e)
means of transport in respect of which there are reasonable grounds for believing that
they have been, are, or may be used in operations in breach of customs legislation.
Article 5
Delivery, notification
1. At the request of the applicant authority, the requested authority shall, in accordance with
legal or regulatory provisions applicable to the latter, take all necessary measures in order to
deliver any documents or to notify any decisions originating from the applicant authority and
falling within the scope of this Protocol, to an addressee residing or established in the territory of
the requested authority.
2. Requests for delivery of documents or notification of decisions shall be made in writing in an
official language of the requested authority or in a language acceptable to that authority.
Article 6
Form and substance of requests for assistance
1.
Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by
the documents necessary to enable compliance with the request. When required because of the
urgency of the situation, oral requests may be accepted, but must be confirmed in writing
immediately.
2.
(e) indications as exact and comprehensive as possible on the natural or legal persons who
are the target of the investigations;
(f)
a summary of the relevant facts and of the enquiries already carried out.
3.
Requests shall be submitted in an official language of the requested authority or in a
language acceptable to that authority. This requirement shall not apply to any documents that
accompany the request under paragraph 1.
4.
If a request does not meet the formal requirements set out above, its correction or
completion may be requested and in the meantime precautionary measures may be ordered.
Article 7
Execution of requests
1.
In order to comply with a request for assistance, the requested authority shall proceed,
within the limits of its competence and available resources, as though it were acting on its own
account or at the request of other authorities of that same Party, by supplying information
already in the authoritys possession, by carrying out appropriate enquiries or by arranging for
them to be carried out. This provision shall also apply to any other authority to which the request
has been addressed by the requested authority when the latter cannot act on its own.
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2.
Requests for assistance shall be executed without delay in accordance with the legal or
regulatory provisions of the requested Party.
3.
Duly authorised officials of a Party may, with the agreement of the other Party involved
and subject to the conditions laid down by the latter, be present to obtain in the offices of the
requested authority or any other concerned authority in accordance with paragraph 1 information
relating to activities that are or may be operations in breach of customs legislation which the
applicant authority needs for the purposes of this Protocol.
4.
Duly authorised officials of a Party may, with the agreement of the other Party and subject
to the conditions laid down by the latter, be present at enquiries carried out in the latter's
territory.
Article 8
Form in which information is to be communicated
1.
The requested authority shall communicate results of enquiries to the applicant authority in
writing together with relevant documents, certified copies or other items.
2.
3.
Original documents shall be transmitted only upon request in cases where certified copies
would be insufficient. These originals shall be returned at the earliest opportunity.
Article 9
Exceptions to the obligation to provide assistance
1.
Assistance may be refused or may be subject to the satisfaction of certain conditions or
requirements, in cases where a Party is of the opinion that assistance under this Protocol would:
(a)
(b)
(c)
2.
Assistance may be postponed by the requested authority on the ground that it will interfere
with an on-going investigation, prosecution or proceeding. In such a case, the requested
authority shall consult with the applicant authority to determine if assistance can be given subject
to such terms or conditions as the requested authority may require.
3.
Where the applicant authority seeks assistance which it would itself be unable to provide if
so requested, it shall draw attention to that fact in its request. It shall then be for the requested
authority to decide how to respond to such a request.
4.
For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and
the reasons therefor must be communicated to the applicant authority without delay.
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Article 10
Information exchange and confidentiality
1.
Any information communicated in whatsoever form pursuant to this Protocol shall be of a
confidential or restricted nature, depending on the rules applicable in each of the Parties. It shall
be covered by the obligation of official secrecy and shall enjoy the protection extended to similar
information under the relevant laws of the Party that received it and the corresponding provisions
applying to the Institutions of the Union.
2.
Personal data may be exchanged only where the Party which may receive them undertakes
to protect such data in a manner that is considered adequate by the Party that may supply them.
3.
The use, in administrative or judicial proceedings instituted in respect of operations in
breach of customs legislation, of information obtained under this Protocol, is considered to be for
the purposes of this Protocol. Therefore, the Parties may, in their records of evidence, reports and
testimonies and in proceedings and charges brought before the courts, use as evidence
information obtained and documents consulted in accordance with the provisions of this
Protocol. The competent authority which supplied that information or gave access to those
documents shall be notified of such use.
4.
The information obtained under this Protocol shall be used solely for the purposes of this
Protocol. Where one of the Parties wishes to use such information for other purposes, it shall
obtain the prior written consent of the authority which provided the information. Such use shall
then be subject to any restrictions laid down by the latter authority.
Article 11
Experts and witnesses
An official of a requested authority may be authorised to appear, within the limitations of the
authorisation granted, as an expert or a witness in administrative or judicial proceedings
regarding the matters covered by this Protocol, and may produce such objects, documents or
certified copies thereof, as may be needed for the proceedings. The request to the official is made
by the applicant authority and must indicate specifically before which administrative or judicial
authority the official will have to appear, on what matters and in what capacity (title or
qualification).
Article 12
Assistance expenses
The Parties shall waive all claims on each other for the reimbursement of expenses incurred
pursuant to this Protocol, except, as appropriate, for expenses related to experts and witnesses,
and those related to interpreters and translators who are not public service employees.
Article 13
Implementation
1.
The implementation of this Protocol shall be entrusted on the one hand to the customs
authorities of Republic of Moldova and on the other hand to the competent services of the
European Commission and the customs authorities of the EU Member States as appropriate.
They shall decide on all practical measures and arrangements necessary for its application,
taking into consideration the rules in force, in particular in the field of data protection.
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2.
The Parties shall consult each other and subsequently keep each other informed of the
detailed rules of implementation which are adopted in accordance with the provisions of this
Protocol.
Article 14
Other agreements
1.
Taking into account the respective competencies of the Union and the EU Member States,
the provisions of this Protocol shall:
(a)
not affect the obligations of the Parties under any other international agreement or
convention;
(b)
(c)
not affect the Union's provisions governing the communication between the
competent services of the European Commission and the customs authorities of
the EU Member States of any information obtained under this Protocol which
could be of interest to the Union.
2.
Notwithstanding the provisions of paragraph 1, the provisions of this Protocol shall take
precedence over the provisions of any bilateral Agreement on mutual assistance which has been
or may be concluded between individual EU Member States and Republic of Moldova insofar as
the provisions of the latter are incompatible with those of this Protocol.
Article 15
Consultations
In respect of questions relating to the applicability of this Protocol, the Parties shall consult each
other to resolve the matter in the framework of the Customs Sub-Committee set up under Article
200 of this Agreement.
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PROTOCOLS
of the
Association Agreement
between the European Union and the European Atomic
Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part
Version: 26/11/2013
EN
EN
PROTOCOL TO TITLE VI
FINANCIAL ASSISTANCE, AND ANTI-FRAUD AND
CONTROLPROVISIONS
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adversely affecting the EU's financial interests, as provided for in Commission Decision of 28
April 1999 establishing the European Anti-Fraud Office, Council Regulation (EC) No 1073/99
of 25 May 1999 concerning investigations by the European Anti-Fraud Office and Council
Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and
inspections carried out by the Commission in order to protect the European Communities'
financial interests against fraud and other irregularities.
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